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Tag Archives: Scott Hervey

Supreme Court Decision Will Have Huge Economic Impact on Trademark Infringement Damages

By Scott Hervey on Posted in Intellectual Property Litigation, IP, Trademark Law

The Supreme Court has agreed to resolve a circuit split over when a court can order the payment of an infringer’s profits to a successful plaintiff as a measure of damages.  The matter comes to the Supreme Court as an appeal from the Second Circuit decision in Romag Fasteners Inc. v. Fossil Inc. et al. … Continue Reading

Hidden Trademark Landmines in Comparative and Compatibility Advertisements

By Scott Hervey on Posted in Intellectual Property Litigation, IP

Nespresso has filed a lawsuit against Jones Brothers Coffee Distribution Company alleging trademark and trade dress infringement. In support of its trademark infringement claim, Nespresso alleges that Jones Brothers’ use of the words “Nespresso Compatible” in connection with its coffee capsules will cause consumers to believe that the Jones Brothers product is endorsed and/or sponsored… Continue Reading

Dr. Seuss and Fair Use, What 20+ Years Will Do!

By Scott Hervey on Posted in Copyright Law, IP

Over twenty years ago, the Ninth Circuit decided the case of Dr. Seuss Enterprises., LP v. Penguin Books USA, Inc.  That case involved a copyright infringement lawsuit brought by Dr. Seuss over a book entitled The Cat NOT in the Hat! A Parody by Dr. Juice.  This book was about the O.J. Simpson trial presented in… Continue Reading

It’s Not Water under the Bridge – “Fiji Water Girl” Sues Water Company Over Cardboard Cutout

By Scott Hervey on Posted in Entertainment Law, IP

For those of you that watched the red carpet happenings at last year’s Golden Globe Awards, you may have noticed the “Fiji Water Girl”, a model standing ready to keep Hollywood glitterati hydrated with bottles of Fiji water, photobombing numerous shots of celebrities.  Her presence on the red carpet created a social media firestorm and… Continue Reading

In-Game “Carlton Dance” Routine Triggers Lawsuit From Fresh Prince Actor Alfonso Ribeiro

By Scott Hervey on Posted in Copyright Law, Entertainment Law, Intellectual Property Litigation

Actors gain notoriety for different reasons.  For some, it’s due to a physical characteristic or an iconic character portrayal.  For Alfonso Ribeiro, it’s a dance.  The dance, which has become known worldwide as the “Carlton Dance,” is a corny dance number performed by Ribeiro’s character Carlton Banks on the 90’s sitcom “The Fresh Prince of… Continue Reading

What Do California Wine Grapes and California Marijuana Have in Common?

By Scott Hervey on Posted in Legal Info

When a winery wants to tell consumers the geographic source of its wine, it includes on the label the wine’s “appellation of origin.”  An appellation of origin tells the consumer where the wine grapes were grown.  Appellations are either the name of a county or state, or a federally-recognized growing region called American Viticultural Areas… Continue Reading

Tavern on the Green Trademark Battle Round #2

By Scott Hervey on Posted in Trademark Law

The City of New York has reignited the battle over the trademark TAVERN ON THE GREEN. Last month the City of New York filed a lawsuit for trademark infringement against Tavern on the Green International LLC, the successor-in-interest to Tavern on the Green operator, LeRoy Adventures, Inc. LeRoy Adventures operated Tavern on the Green from… Continue Reading

Paramount and Star Trek Fan Film Producers Settle

By Scott Hervey on Posted in Copyright Law, Entertainment Law, Patent Law, Trademark Law

Paramount and Star Trek Fan Film Producers Settle The copyright infringement lawsuit between Star Trek fan film producer, Axanar Productions, and Paramount Pictures came to an end less than two weeks before trial.  The settlement was undoubtedly triggered by the court’s early January ruling that the fan fiction film, Prelude to Axanar, is not protected… Continue Reading

Fair Use and Youtube – A Creator’s Take

By Scott Hervey on Posted in Cyberspace Law, IP Law Blog Lawyers In The News, Web/Tech

6/25/16-  At the 7th Annual  VidCon in Anaheim, CA , Weintraub Tobin Shareholder Scott M. Hervey and Rian Bosak, Head of Network Operations Full Screen, presented  “Fair Use and Youtube- A Creator’s Take” to a standing room only audience of digital media creators and industry professionals.  Check out their presentation below:   Fair Use and Youtube- A… Continue Reading

Ninth Circuit Clarifies Copyright Holder’s Responsibility When Sending A Takedown Notice Under The DMCA

By Scott Hervey on Posted in Copyright Law

In July, this author wrote about Lenz v. Universal which, at the time, was pending before the 9th Circuit.  On September 14, 2015 the 9th Circuit came down with a ruling which answered whether a copyright owner must consider fair use before proceeding with a takedown notice under the DMCA, and, if so, what are… Continue Reading