When a winery wants to tell consumers the geographic source of its wine, it includes on the label the wine’s “appellation of origin.” An appellation of origin tells the consumer where the wine grapes were grown. Appellations are either the name of a county or state, or a federally-recognized growing region called American Viticultural Areas… Continue Reading
The City of New York has reignited the battle over the trademark TAVERN ON THE GREEN. Last month the City of New York filed a lawsuit for trademark infringement against Tavern on the Green International LLC, the successor-in-interest to Tavern on the Green operator, LeRoy Adventures, Inc. LeRoy Adventures operated Tavern on the Green from… Continue Reading
Paramount and Star Trek Fan Film Producers Settle The copyright infringement lawsuit between Star Trek fan film producer, Axanar Productions, and Paramount Pictures came to an end less than two weeks before trial. The settlement was undoubtedly triggered by the court’s early January ruling that the fan fiction film, Prelude to Axanar, is not protected… Continue Reading
By: Scott Hervey Chipotle’s entry into the burger business has a Boston based small burger chain up in arms. The Boston burger spot, which has been in operation since 2010 and goes by the name Tasty Burger, has a beef with the brand Chipotle has chosen for its restaurants, Tasty Made. Tasty Burger claims that Chipotle… Continue Reading
6/25/16- At the 7th Annual VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented “Fair Use and Youtube- A Creator’s Take” to a standing room only audience of digital media creators and industry professionals. Check out their presentation below: Fair Use and Youtube- A… Continue Reading
In July, this author wrote about Lenz v. Universal which, at the time, was pending before the 9th Circuit. On September 14, 2015 the 9th Circuit came down with a ruling which answered whether a copyright owner must consider fair use before proceeding with a takedown notice under the DMCA, and, if so, what are… Continue Reading
Scott Hervey, an entertainment attorney and shareholder with Weintraub Tobin, and Rian Bosak, VP of Network Operations with Fullscreen presented “Fair Use and YouTube – a Creator’s Take” to a packed house during VidCon 2015. Fair Use and YouTube – A Creator's Take from weintraubtobin
Scott Hervey was quoted in an article in the International Business Times on how Fox’s fair use defense in a copyright infringement lawsuit arising over its use of a famous 9/11 image could change the landscape of copyright enforcement online.