The Briefing by the IP Law Blog

Mar 07 2025 214 ep. 9 mins 19
The Briefing by the IP Law Blog Podcast artwork

In The Briefing by the IP Law Blog, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.

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The Briefing: The Stanley Cup Clash – A Trademark Battle

Mar 07 2025 10 mins  
Did you know the popular Stanley Travel Cup is tied to Stanley Black & Decker? A lawsuit is brewing over trademark rights and branding disputes. Is PMI overstepping, or is Stanley Black & Decker overreaching? Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss the legal battle over the iconic cup on this episode of The Briefing. Watch this episode on the Weintr

The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training

Feb 28 2025 19 mins  
Major AI copyright ruling - The Delaware District Court’s decision in Thomson Reuters v. Ross AI could have huge implications for AI training and copyright law. On this episode of The Briefing, Weintraub attorneys Scott Hervey and Andy Tan break down the case, its impact on the AI industry, and what it means for content creators. Watch this episode on the Weintraub YouTube chann

Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight

Feb 21 2025 13 mins  
In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel here

Bad Spaniels: Infringement? No. Dilution? Yes

Feb 14 2025 15 mins  
On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court's ruling on trademark infringement vs. dilution and explore how a dog toy parody nearly tarnished Jack Daniels' brand. Watch this episode on the Weintraub YouTube channel.   Show Notes: Scott:

Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation

Feb 07 2025 21 mins  
A motivational passage from Keith Bell’s book Winning Isn’t Normal sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status. Watch this episode on the Wein

Creator Contract Liability When Your Platform Disappears: The TikTok Ban

Jan 31 2025 20 mins  
As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their posting contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve in this ever-changing landscape. Watch this episode on the We

2025 IP Resolutions Start With a Review of IP Assets

Jan 24 2025 16 mins  
Kick off 2025 by reviewing your company's IP assets! Whether you're new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey & Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing. Watch this episode on the Weintraub YouTube channel.  

About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights

Jan 17 2025 17 mins  
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young's likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for AI companies using digital likeness

Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

Jan 03 2025 8 mins  
In part 2 of our social media marketing series, Scott Hervey and Jessica Marlow deep dive into the unique legal risks brands face when navigating social media. From FTC compliance to IP infringement and content clearance, discover the essentials for protecting your brand in the digital age on this archive episode of The Briefing. Find part one here. Watch this episode on the Weint

Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

Dec 27 2024 9 mins  
While influencer marketing has become popular in the creator space, it doesn't come without risks. From IP infringement to FTC compliance, Scott Hervey and Jessica Marlow discuss the key issues surrounding brand endorsement deals in this archive two-part episode of The Briefing. Watch this episode on the Weintraub YouTube channel. Show Notes: Scott: Influencer social media marke