Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.
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The Briefing: The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen this podcast episode here.
The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The Briefing.
Watch this episode on the…
The Briefing: New California Laws for Digital Replicas Both Live and Dead
California recently passed two new AI laws that aim to protect individuals from the unauthorized creation of digital replicas. Scott Hervey and James Kachmar discuss these laws and their implications for the media industry on this episode of The Briefing.
Listen to the podcast episode here.
The Briefing: Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
Donald Trump is facing another lawsuit from a musician who objects to the use of their music at campaign events and rallies. Scott Hervey and Jamie Lincenberg discuss this latest challenge on this episode of The Briefing.
Cases Discussed:
- Grant v. Trump
- Isaac Hayes Enters. v. Trump
Watch this episode on the Weintraub YouTube channel or listen to this
The Briefing: “Hold On” – You Can’t Use That Music in Your Presidential Campaign
The estate of the late singer and songwriter Isaac Hayes sued former President Donald Trump for using one of his songs at campaign events and rallies. Scott Hervey and Tara Sattler discuss this case in this installment of The Briefing.
Listen to this podcast episode here.
The Briefing – Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
The FTC recently announced a new rule to combat fake consumer reviews and testimonials. Scott Hervey and Jessica Marlow explain how this decision will impact businesses and the influencer marketing industry in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
The Briefing: Punchbowl News’ Trademark Win Despite Rogers Setback
Punchbowl News won the trademark infringement lawsuit filed by greeting card and event planning company, Punch Bowl Inc., despite a previous setback at the Ninth Circuit. Scott Hervey and Jamie Lincenberg discuss this recent development in this installment of The Briefing.…
The Briefing: Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
The US District Court for the Northern District of Ohio issued an opinion in Hayden V. 2K Games, Inc. that could potentially put an end to tattoo copyright cases. Scott Hervey and Tara Sattler discuss the court’s opinion on this episode of The Briefing.
Listen to this podcast episode here.
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision on this installment of The Briefing.
Listen to this podcast episode here.