Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.
The Briefing: Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know
By Scott Hervey & Matthew N. Sugarman on
The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
In this episode, they cover:
The Briefing: The Man In Black v. Coca Cola: The New Soundalike Showdown
By Scott Hervey & Richard Buckley on
Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.
In this episode, they cover:
- How Tennessee’s new Elvis Act expands protection for voices and vocal imitation
- Why the Cash estate is also asserting a Lanham Act false endorsement claim
- How Midler v. Ford and Waits v. Frito-Lay continue to shape soundalike disputes
- The line between imitating a musical “style” and misappropriating a distinctive voice
- What brands and agencies should consider before using tribute artists or AI vocals
Tune in for a clear look at where right of publicity, soundalike law, and advertising practice collide.
Watch this episode on YouTube or listen to the podcast here.
The Briefing: What Is Fair Use and Why Does It Matter? (Featured)
By Scott Hervey & Richard Buckley on
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.
Continue Reading The Briefing: What Is Fair Use and Why Does It Matter? (Featured)The Briefing: Turkey, Trademarks, and Thanksgiving Branding
By Scott Hervey & Richard Buckley on
Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding.
They explore:
- Why recipes usually aren’t protected by copyright
- The surprising trademarks behind holiday favorites like Turducken and Tofurky
- How brands use trademarks, trade dress, and storytelling to own a piece of the Thanksgiving season
- The rise of “Friendsgiving” as both a cultural phenomenon and a branding challenge
Whether you’re a lawyer, brand owner, or marketing professional, this episode offers valuable insight into how IP shapes the way we celebrate and sell the holidays.
Watch this episode on YouTube or listen to the podcast here.