Clearing titles for creative projects has become more challenging after the Supreme Court’s decision in Jack Daniels v. VIP Products. In this episode of The Briefing, Scott Hervey and Tara Sattler explore the evolution of the Rogers test and the new hurdles studios face in title selection. Continue Reading The Briefing: Bad Spirits – How a Dog Toy Changed TV Title Clearance
Trademark Law
The Briefing: The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
By Scott Hervey & Tara Sattler on
Posted in Copyright Law, The Briefing
Halloween is here, but beware! That killer costume might come with a lawsuit instead of candy. Scott Hervey and Tara Sattler discuss the legal threats associated with unlicensed costumes on this spooky episode of The Briefing.
Watch this episode on the Weintraub YouTube channel or listen this podcast episode here.
The Briefing: The Fall of SUPER HERO – When Trademarks Become Generic
By Scott Hervey & James Kachmar on
Posted in The Briefing
For more than half a century, Marvel Comics and DC Comics have jointly owned the trademark ‘Superhero.’ However, the Trademark Trial and Appeal Board recently granted a petition to cancel that mark because it became generic. Scott Hervey and James Kachmar discuss this case and how marks become generic on this episode of The…
The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
By Scott Hervey & Jamie Lincenberg on
Posted in The Briefing, Trademark Law
The Trademark Trial and Appeal Board often consider wine, beer, and non-alcoholic beverages related when determining the likelihood of confusion despite there being no per se rule on the matter. Scott Hervey and Jamie Lincenberg discuss the TTAB’s long-standing opinion on this episode of The Briefing.Continue Reading The Briefing: Thirsty for Clarity – Brand Confusion In The Beverage Category
The Briefing: Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling
By Scott Hervey & Jamie Lincenberg on
Find out why Gabby’s Table was denied registration in a major Trademark decision that impacts affiliate marketing. Weintraub attorneys Scott Hervey and Jamie Lincenberg break down what this means for your business in this episode of “The Briefing.”Continue Reading The Briefing: Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling