Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.

In this episode, they cover:

  • How Tennessee’s new Elvis Act expands protection for voices and vocal imitation
  • Why the Cash estate is also asserting a Lanham Act false endorsement claim
  • How Midler v. Ford and Waits v. Frito-Lay continue to shape soundalike disputes
  • The line between imitating a musical “style” and misappropriating a distinctive voice
  • What brands and agencies should consider before using tribute artists or AI vocals

Tune in for a clear look at where right of publicity, soundalike law, and advertising practice collide.

Watch this episode on YouTube or listen to the podcast here.

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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.

Continue Reading The Briefing: What Is Fair Use and Why Does It Matter? (Featured)

Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding.

They explore:

  • Why recipes usually aren’t protected by copyright
  • The surprising trademarks behind holiday favorites like Turducken and Tofurky
  • How brands use trademarks, trade dress, and storytelling to own a piece of the Thanksgiving season
  • The rise of “Friendsgiving” as both a cultural phenomenon and a branding challenge

Whether you’re a lawyer, brand owner, or marketing professional, this episode offers valuable insight into how IP shapes the way we celebrate and sell the holidays.

Watch this episode on YouTube or listen to the podcast here.

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In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidate’s “Soup4Change” slogan and AI-generated soup can design. They cover the backstory, the trademark and First Amendment arguments, and how the Hershey case may influence the court’s view of political campaign branding. Tune in for a clear look at where trademark law meets political speech.

Watch this episode on YouTube or listen to this podcast episode here.

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After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.

Continue Reading The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal