When artistic identity meets corporate branding, where does copyright law draw the line?
In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.
Continue Reading The Briefing: Tyrrell Winston v. NBA – When Artistic Style Becomes CopyrightA consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right.
In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal.
Continue Reading The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of GasparillaCan a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t.
Continue Reading The Briefing: Protecting Fictional Characters – Copyright and Trademark StrategiesA federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth Circuit’s decision and unpack how the district court’s final ruling turned on artistic intent and context rather than perception.
Continue Reading The Briefing: The Nirvana Baby Lawsuit – A Win for NirvanaDisney faced a copyright lawsuit over the use of MOVA facial-capture software in Beauty and the Beast. A jury found Disney vicariously liable, the district court threw out the verdict, but the Ninth Circuit has now reinstated it. In this episode of The Briefing, Scott Hervey and Tara Sattler discuss:
Continue Reading The Briefing: Studios Beware – The Danger of the Beauty and the Beast Copyright Decision
