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 Hollywood
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The 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 Claim
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 Battle
The Briefing: No CTRL-ALT-DEL For the Server Test
By Scott Hervey & James Kachmar on
On this episode of The Briefing, Scott Hervey and James Kachmar break down the Supreme Court’s decision to pass on the McGuckin v. Valnet case—and how it keeps the legal confusion swirling around the “server test” for embedding online content. With courts on opposite coasts taking different stances, what does this mean for publishers, bloggers, and social media managers? They talk about the risks, what you can do to stay safe, and why your location might matter more than you think.Continue Reading The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University
By Scott Hervey & Tara Sattler on
Posted in Entertainment Law, The Briefing
Can HBO be sued over a T-shirt? Scott Hervey and Tara Sattler unpack Duke University’s beef with ‘White Lotus’ after a character wore a Duke tee on screen. Does this cross the legal line—or is it just creative expression? They’re talking trademark, the Rogers test, and what it all means for studios on this episode of The Briefing.Continue Reading The Briefing: Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University