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Scott Hervey

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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.

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In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement lawsuit against a travel website that stored his image on a webpage where it’s unlikely to be viewed by the public.
Continue Reading The Briefing by the IP Law Blog: If a Photograph is Infringed But No One Sees it, is it Still Infringement?

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an art collector’s attempt to turn a painting that was purchased into a series of NFTs, and the artist’s estate’s effort to stop it.
Continue Reading The Briefing by the IP Law Blog: More NFT Confusion – Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement lawsuit that was filed against a beauty influencer for a sponsored post she shared on social media.
Continue Reading The Briefing by the IP Law Blog: Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit

INTERPROFESSION DU GRUYÈRE, et al., v. U.S. DAIRY EXPORT COUNCIL, et al., Twas all about exclusive right to control the use of Gruyere for cheeses in the US.  This case began with a 2015 application by Interprofession du Gruyère, a Swiss registered association, and Syndicat Interprofessionnel du Gruyère , a French syndicat for a certification mark  GRUYERE.  A certification mark is used to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.  So, for example, the mark ROQUEFORT is used to certify cheese that comes from a specific municipality in France; UL or Underwriters Laboratories certifies, among other things, representative samplings of electrical equipment meeting certain safety standard.
Continue Reading Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes