As Scott Hervey previously wrote on the IP Law Blog, the holding in the Supreme Court case Jack Daniels Properties v. VIP Products limits the applicability of the Rogers test. Scott and Jamie Lincenberg talk about this case on this episode of The Briefing.Continue Reading The Briefing: Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
The Briefing
The Briefing: It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
Fruity Pebbles failed to attain a trademark for the various colors of its cereal. Scott Hervey and Jessica Marlow discuss the TTAB’s decision to reject the trademark application on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
The Briefing: Beyond the Hashtag – FTC Revises Guidelines for Endorsement Use in Advertising
The FTC recently made changes to its guide concerning the use of endorsements and testimonials in advertising. Scott Hervey and Jessica Marlow discuss these changes and their expected impact on the influencer marketing industry in this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode
The Briefing: The Protectability of Short Phrases (Archive)
While iconic catchphrases from TV and film can hold significant equity, protection of them can be spotty. Scott Hervey and Tara Sattler talk about the protectability of short phrases on this archive episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.
The Briefing: IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
In the case of Martinez v. Zoom Info Technologies, the Ninth Circuit addressed the “Public Interest” exemption to California’s anti-SLAPP law. Scott Hervey and James Kachmar talk about this case on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel and listen to this podcast episode here.