Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement.
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Continue Reading The Briefing: Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners EverywhereCan a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.”
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Continue Reading The Briefing: Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’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.
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Continue Reading The Briefing: No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing RequirementCan 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?
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Continue Reading The Briefing: Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and what it means for worldwide copyright grants. In this episode, they discuss:
Continue Reading The Briefing: Vetter v. Resnik: When Copyright Termination Goes Global
