The Briefing by the IP Law Blog

The Briefing by the IP Law Blog


Latest Episodes

Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case
March 22, 2024

Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court's ruling on w

The Patent Puzzle: USPTO’s Guidelines for AI Inventions
March 15, 2024

Can AI inventions be patented? Scott Hervey and Eric Caligiuri explore recent USPTO guidance on patenting AI-assisted inventions in this installment of "The Briefing" by Weintraub Tobin. - - Watch t

How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
March 08, 2024

How far back can a plaintiff recover damages in a copyright infringement case? Scott Hervey and Jamie Lincenberg discuss this contested copyright law question in this installment of "The Briefing" by

Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements
March 01, 2024

Delve into the new WGA and SAG contract provisions relating to AI. Scott Hervey and Jamie Lincenberg tackle the terms and changes in this installment of "The Briefing" by Weintraub Tobin. - Watch this

Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
February 23, 2024

Graffiti artists Nekst and Bates have filed a lawsuit against Guess and Macys for incorporating their tags in various articles of clothing. Scott Hervey and James Kachmar discuss this case in the nex

Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
February 16, 2024

As James Kachmar previously wrote on the IP Law Blog, the man who was photographed as a naked baby in 1991 for Nirvana's iconic "Nevermind" album cover is now suing the band for distributing child por

Brandy Melville v Redbubble: Navigating Contributory Infringement
February 09, 2024

Brandy Melville has asked the Supreme Court to review the 9th Circuit's decision in its dispute with Redbubble. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The Briefing. - W

Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
February 02, 2024

As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenbe

It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
January 26, 2024

Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB's decision to reject the trademark application on this episode of The

Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising
January 19, 2024

The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the in