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.
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The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
By Scott Hervey & Richard Buckley on
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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
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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.
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The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
By Scott Hervey & Jessica Marlow on
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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: When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
By Scott Hervey & Tara Sattler on
Warner Music Group just sued DSW for using 200+ hit songs in social media ads—without permission. Those TikToks could now cost $30M. On this episode of The Briefing, entertainment and IP attorneys Scott Hervey and Tara Sattler break down the legal firestorm and what every brand needs to know before hitting “post.”
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