In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss what the law requires, which advertisements may be exempt, and how brands and agencies should approach compliance.

They cover:

  • When advertisers must conspicuously disclose the use of a synthetic performer
  • How exemptions for expressive works, audio-only ads, and language translation may apply
  • Practical steps brands and agencies should take, including AI audits, vendor agreements, and updated creative guidelines

Tune in for a practical look at how AI-generated spokespeople are reshaping advertising transparency and compliance.

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

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In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman discuss SAG-AFTRA’s new 2026 TV/Theatrical Agreement and the updated AI provisions shaping the future of entertainment production.

In this episode, they cover:

Continue Reading The Briefing: New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman revisit Lil’ Joe Records, Inc. v. Ross after the Eleventh Circuit reversed the district court’s ruling in favor of 2 Live Crew. The decision turns on a key bankruptcy issue: whether a copyright termination interest that was never scheduled in a Chapter 7 case remains property of the bankruptcy estate.

In this episode, they cover:

Continue Reading The Briefing: Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move.

They cover:

  • Why Patagonia is challenging Pattie Gonia’s merchandise and trademark application
  • How the Rogers test and First Amendment protections may apply to expressive personas and related merchandise
  • What the case shows about trademark enforcement, public backlash, and litigation strategy

Tune in for a clear look at when trademark enforcement collides with parody, activism, and the First Amendment.

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

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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome.

They cover:

Continue Reading The Briefing: Brandy Melville vs. Shein -When Copying Photos Isn’t Trademark Infringement