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.
The Briefing – Soup for Change: Campbell’s Sues a Congressional Candidate
By Scott Hervey & Tara Sattler on
In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidate’s “Soup4Change” slogan and AI-generated soup can design. They cover the backstory, the trademark and First Amendment arguments, and how the Hershey case may influence the court’s view of political campaign branding. Tune in for a clear look at where trademark law meets political speech.
Watch this episode on YouTube or listen to this podcast episode here.
The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
By Scott Hervey & Tara Sattler on
After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.
Continue Reading The Briefing: Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of AppealThe Briefing: Tyrrell Winston v. NBA – When Artistic Style Becomes Copyright
By Scott Hervey & Richard Buckley on
When artistic identity meets corporate branding, where does copyright law draw the line?
In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans.
Continue Reading The Briefing: Tyrrell Winston v. NBA – When Artistic Style Becomes Copyright