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
IP News
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
The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over “ER” and “The Pitt”
By Scott Hervey & Tara Sattler on
Posted in Entertainment Law, The Briefing
Is ‘The Pitt’ a spinoff, sequel, or something else entirely? Scott Hervey and Tara Sattler break down the lawsuit over ‘ER’ and whether ‘The Pit’ crosses the legal line into derivative territory on this episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here
The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
In the case of Sydney Nicole vs. Alyssa Sheil, a federal district judge ruled that certain vibes and aesthetics can be protected under copyright law. Weintraub attorneys Scott Hervey and Tara Sattler break down this decision and what it means for content creators and brands in the digital age on this episode of The …