Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement.
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Continue Reading The Briefing: Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners EverywhereCan a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.”
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Continue Reading The Briefing: Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Corpuz break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one of the most recognizable trademarks in sports.
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Continue Reading The Briefing: March Madness or Trademark Madness? The NCAA v. DraftKings LawsuitWhat happens when a failed police raid turns into a music video about lemon poundcake and a $3.9 million lawsuit?
In this episode of The Briefing, Scott Hervey and Richard Buckley, Jr. break down the Afroman defamation case, where surveillance footage, satire, and public officials collide under First Amendment law.
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Continue Reading The Briefing: Lemon Pound Cake and the First AmendmentA recent decision from the Southern District of New York offers one of the most detailed modern analyses of substantial similarity in the increasingly popular young adult fantasy/“romantasy” space.
The case arose from a dispute between an unpublished author and the creator of a commercially successful paranormal romance series. The plaintiff alleged that her manuscripts—shared…
