You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.
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The Briefing: Publicity Rights and the Law – Using Real People in Your Work
By Scott Hervey
Can you use a celebrity’s voice or image in your work? What about AI-generated versions? On this episode of The Briefing, Scott Hervey and Richard Buckley explore the right of publicity—how it protects names, likenesses, voices, and what happens when you cross the line.…
The Briefing: Who Owns What – Understanding Copyright in Collaborative Projects
By Scott Hervey
Who owns the rights when you co-create something? It’s not always as simple as you think. On this episode of The Briefing, Scott Hervey and Richard Buckley dig into:…
The Briefing: Trademark Basics – Protecting Names, Logos, and Brands in Entertainment
By Scott Hervey
From podcast names to iconic sounds, trademarks shape the entertainment world. In this episode of The Briefing, Scott Hervey and Richard Buckley break down what trademarks are, how to get one, and why creators must protect their brand. A must-listen for anyone building a name in entertainment.…
The Briefing: What Is Fair Use and Why Does It Matter?
By Scott Hervey
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.…
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
By Scott Hervey
In a major win for Meta, a federal court recently dismissed a lawsuit brought by prominent authors who claimed their books were illegally used to train the company’s Llama models. But the ruling doesn’t give AI companies a free pass—it reveals the roadmap for how a better-prepared copyright plaintiff could win next time.…
The Briefing: Anthropic, Copyright, and the Fair Use Divide
By Scott Hervey
A federal judge has ruled that training Claude AI on copyrighted books—even without a license—was transformative and protected under fair use. But storing millions of pirated books in a permanent internal library? That crossed the line.…
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
By Scott Hervey
The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.…
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
By Scott Hervey
Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it?
In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski’s claim of trademark ownership.…
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
By Scott Hervey
In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court…