On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court’s ruling on trademark infringement vs. dilution and explore how a dog toy parody nearly tarnished Jack Daniels’ brand.Continue Reading The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes
IP Law
The Briefing: Copyright Troll or Rightful Enforcer? 5th Circuit’s Rules In Sports Doc Copyright Case
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
A motivational passage from Keith Bell’s book, Winning Isn’t Normal, sparks a legal battle after Ole Miss coach Lane Kiffin shares it on Twitter. Scott Hervey and Tara Sattler dive into the lawsuit, exploring how the Fifth Circuit’s ruling raises important questions about fair use, copyright enforcement, and Bell’s “serial litigant” status.
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The Briefing – Creator Contract Liability When Your Platform Disappears: The TikTok Ban
By Scott Hervey on
Posted in The Briefing
As TikTok’s future in the US hangs in the balance, influencers and brands are left wondering how a potential ban could impact their creator contracts. In this episode of The Briefing, Scott Hervey and Jamie Lincenberg dive into the potential legal challenges and share insights on how brands can stay ahead of the curve…
The Briefing: 2025 IP Resolutions Start With a Review of IP Assets
By Scott Hervey & Tara Sattler on
Kick off 2025 by reviewing your company’s IP assets! Whether you’re new to IP protection or a seasoned pro, it’s crucial to keep track of your valuable intellectual property. Scott Hervey and Tara Sattler break down key steps in safeguarding your trademarks, copyrights, and patents on this episode of The Briefing.
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The Briefing: About Face – Courts Weigh AI Face-Swapping Technology and Celebrity Rights
By Scott Hervey & Weintraub Firm on
Posted in The Briefing, Web/Tech
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing tension between AI innovation and individual rights. Scott Hervey and Jamie Lincenber discuss the lawsuit and what it means for…