Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection.

Cases Discussed:

  • Jack Daniels Properties, Inc. v. VIP Products LLC
  • HomeVestors of America, Inc. v. Warner Brothers Discovery
  • Rogers v. Grimaldi
  • Punchbowl, Inc. v. AJ Press

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

Tags: Entertainment Law, First Amendment, Home Investors vs. Warner Brothers, Jack Daniels vs. VIP Products, Lanham Act, Rogers Test, Rogers Test and expressive works, Supreme Court trademark cases, Title clearance for creative works, trademark infringement, Trademark Law
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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Tara Sattler Tara Sattler

Tara Sattler is a shareholder in the Firm’s Entertainment group and serves as an ex-officio member of the Firm’s Managing Board.  Tara represents Oscar, Emmy, and Grammy Award winning clients. Her practice is focused on representing production companies, producers, financiers, and content creators…

Tara Sattler is a shareholder in the Firm’s Entertainment group and serves as an ex-officio member of the Firm’s Managing Board.  Tara represents Oscar, Emmy, and Grammy Award winning clients. Her practice is focused on representing production companies, producers, financiers, and content creators across various media, including film, television, audio, and digital spaces. Her expertise encompasses all of the phases of development, financing, production, and distribution of scripted and non-scripted content for all budget levels. Tara emphasizes providing advice to her clients in every stage of their entertainment industry endeavors, which includes comprehensive representation on groundbreaking partnerships, arrangements, experiences, and agreements.

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