What happens when two fantasy stories share the same DNA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down a major copyright decision involving the Crave series and what it means for substantial similarity in fiction.

In this episode, they cover:

Continue Reading The Briefing: Vampires, Love Triangles, but No Infringement

When does an AI voice become your voice? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley break down the lawsuit filed by longtime broadcaster David Greene against Google over its NotebookLM tool and its eerily familiar AI-generated voice.

In this episode, they cover:

  • What Greene must prove to win a Right of Publicity claim
  • How Midler and Waits shape the legal standard for voice imitation
  • Why Google’s training data and “knowing use” will be key to the case
  • From forensic voice analysis to AI training practices, this case raises major questions about identity, ownership, and emerging technology.

Tune in for a clear look at where the right of publicity meets artificial intelligence.

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

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What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda album. The case turned on a simple but unforgiving rule of copyright law: without a written assignment, you do not own the copyright and you cannot enforce it.

In this episode, they cover:

Continue Reading The Briefing: No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement

Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company KBL Services, and talent manager Barrett Wissman. At the center of the fight is a critical question of arbitration law: does the American Arbitration Association have jurisdiction over a non-signatory?

In this episode, they discuss:

Continue Reading The Briefing: Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?

The intersection of trademark law and the First Amendment remains one of the most complex battlegrounds in intellectual property. A recent ruling in the dispute between the surf and lifestyle brand Lost International and Lady Gaga provides a critical look at how courts are navigating trademark conflicts involving expressive works in a post-Jack Daniel’s landscape. 

In December, a federal court denied Lost International’s motion for a preliminary injunction, allowing Lady Gaga to continue using the mark “Mayhem” for her 2025 album, worldwide concert tour, and tour merchandise.

Continue Reading Why Lady Gaga Prevailed in the “Mayhem” Trademark Dispute