In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of origin, trademark dilution, and how AI hallucinations could expose platforms to liability.
In this episode, they cover:
Intellectual Property Litigation
The Briefing: Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know
By Scott Hervey & Matthew N. Sugarman on
The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
In this episode, they cover:
The Briefing: The Man In Black v. Coca Cola: The New Soundalike Showdown
By Scott Hervey & Richard Buckley on
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…
The Briefing: Turkey, Trademarks, and Thanksgiving Branding
By Scott Hervey & Richard Buckley on
- Why recipes usually aren’t protected by copyright
- The surprising trademarks behind holiday favorites like Turducken and Tofurky
The Briefing – Soup for Change: Campbell’s Sues a Congressional Candidate
By Scott Hervey & Tara Sattler on
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…