Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.Continue Reading The Briefing: What Is Fair Use and Why Does It Matter? (Featured)
The Briefing: Turkey, Trademarks, and Thanksgiving Branding
- Why recipes usually aren’t protected by copyright
- The surprising trademarks behind holiday favorites like Turducken and Tofurky
The Briefing: Tyrrell Winston v. NBA – When Artistic Style Becomes Copyright
When artistic identity meets corporate branding, where does copyright law draw the line?
In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.Continue Reading The Briefing: Tyrrell Winston v. NBA – When Artistic Style Becomes Copyright
The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right.
In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal.Continue Reading The Briefing: When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
The Briefing: The Doctrine of Foreign Equivalents – What It Means for Your Brand
You came up with a clever brand name in a foreign language—great! But did you know it might be refused by the USPTO? In this episode of The Briefing, Scott Hervey and Richard Buckley break down what a doctrine is, how trademark examiners apply it, and other important considerations for choosing foreign-language marks.Continue Reading The Briefing: The Doctrine of Foreign Equivalents – What It Means for Your Brand