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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.

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe’s use of the Space Needle’s image in its logo.Continue Reading The Briefing by the IP Law Blog: Seattle Space Needle Pokes at Local Coffee Shop’s Logo

In this episode of The Briefing by the IP Law BlogScott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.”
Continue Reading The Briefing by the IP Law Blog: What Makes a Character Protectable Under Copyright

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging.Continue Reading The Briefing by the IP Law Blog: 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans

In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with NasX. The case is Vans, Inc. v. MSCHF Product Studio, Inc. In Vans’ motion for a TRO, the court determined that Vans would likely prevail on its claims that consumers would be confused between the Wavy Baby sneakers and Vans’ Old Skool sneakers because of their “striking visual similarities” and packaging.
Continue Reading MSCHF Looks to the 2nd Circuit to Get Out of Trouble with Vans