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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 November 2021, fast-food chain Jack in the Box sued FTX, a cryptocurrency exchange launched in 2019, over an allegedly infringing mascot named Lunar, referred to as “Moon Man”. FTX featured its Moon Man character in commercials running during MLB games. Jack in the Box is not happy.

In its complaint filed in Federal court in California, Jack in the Box references various tweets regarding the FTX Moon Man – “Oh look, it’s Walmart Jack in the Box!”, “Is it a dirty jack in the box thing?”, and “Jack in the Box’s drugged up cousin”.  One Twitter® user even tweeted a public post directly to FTX stating, “Hey, @FTX_Official, your mascot doesn’t look like the moon. He looks like Jack-In-The-Box with skin cancer.”
Continue Reading Jack in the Box Pops a Spring Over FTX “Moon Man” Mascot

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between the Lord of The Rings Author’s Estate and the Cryptocurrency JRR Token.
Continue Reading The Briefing by the IP Law Blog: Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between Miramax and Quentin Tarantino, over his efforts to sell “Pulp Fiction” themed NFT’s.
Continue Reading The Briefing by the IP Law Blog: Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the legal battle between the Cleveland Guardians Baseball and Roller Derby teams.
Continue Reading The Briefing by the IP Law Blog: Cleveland Now Has Two Guardians: The Baseball Team and the Roller Derby Team Settle Their Case and Agree to Joint Use

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between Jack in the Box and Cryptocurrency Marketplace FTX. Jack in the Box claims that FTX’s new mascot is too similar to theirs.
Continue Reading The Briefing by the IP Law Blog: Jack in the Box Pops a Spring Over Mascot Trademark Dilution