The Supreme Court sidestepped a major copyright showdown—again. What does it mean when infringement claims surface decades later? In this episode of The Briefing, Scott Hervey and Tara Sattler break down the latest in the discovery rule debate, RAD Design’s rejected petition, and how this uncertainty affects creators, businesses, and copyright holders across the country.
Continue Reading The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright EnforcementThe Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
By Scott Hervey & Tara Sattler on
Posted in The Briefing, Trademark Law
Who really owns WallStreetBets? The man who created the subreddit, or the platform that hosted it?
In this episode of The Briefing, Scott Hervey and Tara Sattler dive into the trademark showdown between Jaime Rogozinski and Reddit, and why both the District Court and the Ninth Circuit said no to Rogozinski’s claim of trademark ownership.
Continue Reading The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit BattleThe Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
By Scott Hervey & Richard Buckley on
Posted in The Briefing
In this episode of The Briefing, Scott Hervey and Richard Buckley dive into Pepperdine University v. Netflix, a trademark showdown over the use of the name “Waves” in the Netflix series Running Point. After Pepperdine’s attempt to block the series’ release was denied under the Rogers test, the university is back—this time arguing that the Jack Daniel’s Supreme Court decision changes everything.
Continue Reading The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for HollywoodThe Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
By Scott Hervey & Richard Buckley on
Posted in The Briefing
Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency required for copyright protection.
Continue Reading The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright ClaimThe Briefing: Fake Reviews, Real Consequences – Consumer Review Dos and Don’ts (Featured)
By Scott Hervey & Jessica Marlow on
Posted in The Briefing
If your company relies on online reviews, influencer partnerships, or digital marketing strategies, it’s important to be aware of FTC Rules and the distinctions between real reviews and paid ads. Scott Hervey and Jessica Marlow discuss the dos and don’ts of consumer reviews on this featured episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.