Patent law is a complicated area of law governed by a confusing set of statutes and regulations that are interpreted by the United States Patent and Trademark Office (PTO) and the federal courts. Patents themselves are sometimes almost unintelligible and, if intelligible, may require many hours of reading to understand. It is no wonder that… Continue Reading
A business’s intellectual property may be its most valuable asset. Whether it is biotechnology, trade names, business methods, or computer software, intellectual property should be protected to the greatest extent possible in order to maximize the value of the business. This article summarizes the types of intellectual property protection that are available What Is Intellectual… Continue Reading
According to a complaint filed in the United States District Court for the Northern District of California by California law firm LegalForce RAPC Worldwide, LegalZoom engages in the unauthorized practice of law when its non-attorneys instruct customers on how to register trademarks. The lawsuit names various other defendants, including the Patent and Trademark Office and… Continue Reading
“Cause the players gonna play, play, play, play, play And the haters gonna hate, hate, hate, hate, hate Baby I’m just gonna shake, shake, shake, shake, shake Shake it off / Shake it off Heartbreakers gonna break, break, break, break, break And the fakers gonna fake, fake, fake, fake, fake Baby I’m… Continue Reading
Weintraub Tobin’s Labor & Employment and Intellectual Property Blogs have both been recognized as a “Top 100 Legal Blogs Every Lawyer and Law Student Must Follow” by Feedspot Blog Reader! Feedspot takes into consideration 1,000’s of Law blogs from across the United States and Canada and uses search and social metrics to rank them. Congratulations… Continue Reading
As everyone knows, in June, the United Kingdom passed the BREXIT referendum (driven by British voters), voting to exit the European Union. What affect does BREXIT have on intellectual property rights in the United Kingdom and the European Union? There is a two-year process of negotiation between the UK and the EU, provided for by… Continue Reading
Crazy Horse was a legendary Native American chief of the Oglala Lakota tribe who lived during the second half of the 1800s. Unfortunately today, his name may be more familiar as a brand for various products, such as motorcycle gear, whiskey, rifles and strip clubs. In Russell Road Food & Beverage, LLC v. Spencer, et… Continue Reading
6/25/16- At the 7th Annual VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented “Fair Use and Youtube- A Creator’s Take” to a standing room only audience of digital media creators and industry professionals. Check out their presentation below: Fair Use and Youtube- A… Continue Reading
So what is a trade secret? Generally, a trade secret is information that the owner has taken reasonable measures to keep secret, derives independent economic value from not being generally known, and cannot be readily ascertainable by proper means, such as reverse engineering or independent development. Many businesses rely on trade secret protection rather than… Continue Reading
Scott Hervey was quoted in an article in the International Business Times on how Fox’s fair use defense in a copyright infringement lawsuit arising over its use of a famous 9/11 image could change the landscape of copyright enforcement online.
Zombies have become part of our lives. We are fascinated with vampires, but we are obsessed with zombies. Our obsession is best evidenced by the tremendous success of AMC’s television series “The Walking Dead,” about the zombie apocalypse. The show first aired on Halloween night in 2010 and was watched by 5.35 million viewers. It… Continue Reading
It’s with mixed emotions that we wish Matthew Massari farewell. Matt is joining our client Nike’s legal department in Portland, Oregon. A recent story by Bob Shallit tells the story well. Sacramento attorney Matt Massari has just nabbed his "dream job" – with Nike Inc. in Beaverton, Ore. A former football All-American at UC Davis,… Continue Reading
Scott Hervey was quoted in a news article about his client, artist David Garibaldi, and the launch of his new clothing line. Following up on his quote that he hoped for good sales of David’s product, we are happy to report that initial sales have be far in excess of original expectations. Congratulations to David and his entire team…. Continue Reading
Answer – a trademark dispute. The on-line entertainment news site, TMZ.com, reported on a brewing dispute between World Wrestling Entertainment and Hulk Hogan’s Celebrity Championship Wrestling television program which airs on CMT. IP Law Bloger Scott Hervey is counsel for the program. Click this link to the TMZ news posting: >>>>To TMZ Posting on… Continue Reading
Shameless Promotion: IP Law Blogger and WGC partner, Scott Hervey, served as production counsel for Hulk Hogan’s Celebrity Championship Wrestling. Be sure to tune in October 18th. Go to www.hulkhogan.com to view the show’s trailer.
IP Law Blogger and WGC partner Scott Hervey is quoted in an August 25, 2008 AdWeek article entitled Brand Defense – Protecting Trademarks and Copyrights. "The courts are all over the place right now on [keyword search terms]," says Scott Hervey, trademark group chair at Weintraub Genshlea Chediak Tobin & Tobin in Sacramento, Calif. Hervey… Continue Reading
Scott Hervey was quoted in a March 23, 2007 story on Internetnews.com about Oracle accusing SAP of "Massive" Theft in a complaint filed with California’s Northern District Court in San Francisco. Oracle accused the German software company of engaging in "systematic, illegal access" to its computer support systems in November and December 2006 and January 2007. For the… Continue Reading
Scott Hervey was interviewed for NPR’s Insight as part of a discussion on what young musicians need to know in order to make it in the music business. To listen to the interview, click here
Scott Hervey was part of a discussion about copyright in the digital age on NPR’s Insight. The full program can be heard by clicking here.
Scott Hervey was quoted in a June 20, 2006 edition of Lawyers USA in an article about the MLB filing a federal lawsuit against a fantasy baseball league operator to determine who has the right to use the baseball statistics for commercial purposes. Scott was quoted as saying "the statutory right of publicity is the hook on… Continue Reading
Scott Hervey was quoted in a December 8, 2004 story in Wired news about EBay removed a modified U2 iPod from its auctions Monday after Apple Computer complained of copyright violations. For the complete article, click here
Scott Hervey was quoted in a May 26, 2003 article in the Boston Globe about universities proposing digital music services for their students to curtail online piracy. To read the entire article, click here
Scott Hervey was quoted in a May 1, 2003 story in Wired news about the Courts crack down on illegal music traders. Scott was quoted as saying "The RIAA has no choice but to go after individuals" and that "[the RIAA is] going to have to sue users and instill fear in the users." For the… Continue Reading