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.
The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
By Scott Hervey & Jessica Marlow on
Posted in The Briefing
What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and what it means for venture funds, PE firms, and brand-driven businesses.
Continue Reading The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand BattleThe Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
By Scott Hervey & Jessica R. Corpuz on
Posted in IP, The Briefing
After nearly 30 years of litigation, a federal court has canceled General Cigar’s U.S. trademarks for COHIBA cigars — all because of a little-known treaty and a Cuban brand once favored by Fidel Castro. What does this mean for U.S. trademark law and the future of the COHIBA brand? Tune in to this week’s episode of The Briefing as Scott Hervey and Jessica Corpuz unpack this high-stakes decision.
Continue Reading The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration