- Why recipes usually aren’t protected by copyright
- The surprising trademarks behind holiday favorites like Turducken and Tofurky
Scott Hervey
Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.
The Briefing – Soup for Change: Campbell’s Sues a Congressional Candidate
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…
The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.Continue Reading The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
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