PODCAST · business
The Briefing by Weintraub Tobin
by Weintraub Tobin
In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.
Episodes
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Cooperstown Strikes Out: Parody, Fair Use & Trademark Law
Can a brand stop a creator from making fun of it? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the lawsuit over Baseball Doesn’t Exist’s video mocking Cooperstown Dreams Park and why a federal judge dismissed the copyright and…
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Copied, Generated and Forfeited! The AI Copyright Ruling in Doe v GitHub
If AI generates something that looks like your work without crediting you, is that a DMCA violation? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Doe v. GitHub and the Ninth Circuit’s ruling on AI-generated code and copyright management...
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Fake Actors, Real Rules: California Takes on AI Ads
The spokesperson looks real, but what if no human ever existed? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down SB 1050, California’s new law requiring disclosures when ads prominently feature synthetic performers. In this episode, they cover…
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The Polymarket Influencer Scandal: Fake Bets, Real Liability
In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos, undisclosed influencer payments, and coordinated reposting networks. In this...
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Lady Gaga “Mayhem” Trademark Win: Did the Court Get It Right?
The trademark fight over Lady Gaga’s Mayhem era is over. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the dismissal of Lost International’s lawsuit over the use of “Mayhem” on Gaga’s album, tour, and merchandise. They cover: Why the court...
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Tyra Banks, Netflix and America’s Next Top Model: The Legal Fight Over Documentary Editing
Tyra Banks is suing Netflix over how her interview was edited in the documentary Reality Check: Inside America’s Next Top Model. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Banks’ defamation and false light claims, the release she signed...
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Who Owns the Photo? Moore v. Daily Mail and the Limits of Copyright
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Moore v. Daily Mail, a new class action alleging the publication copied photos from social media without permission and falsely credited platforms like Instagram instead of the actual...
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Kennedy Center v. Redd: How a Canceled Jazz Concert Became a Free Speech Fight
When can a performer’s public criticism become a breach of contract? In this episode of The Briefing, Weintraub Tobin Shareholders Scott Hervey and Richard D. Buckley, Jr. break down Kennedy Center v. Redd, a dispute involving musician Charles Redd, a canceled performance, a morals clause, and...
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IP Bootcamp: The Intellectual Property Framework Every Business Needs to Know
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the four main categories of intellectual property and explain why protecting these assets is critical to a company’s long-term value. They cover: How trademarks, patents, copyrights, and...
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The Briefing: When a Manager Becomes an Agent The Talent Agency Act Trap
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the legal rules governing talent representation and explain why the distinction between a manager and an unlicensed talent agent can have significant consequences for artists and their representatives....
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The Briefing: Copyright Basics: What You Own, What You Don’t, and What Happens When Someone Crosses the Line
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. return to copyright fundamentals and explain how these rules affect creators, businesses, developers, filmmakers, and anyone commissioning creative work. They cover: What copyright protects and the...
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Peju Province Winery v Cesari: When a TTAB Loss Doesn’t Follow You to Court
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Cesari S.R.L. v. Peju Province Winery L.P., a long-running dispute involving the LIANO and LIANA wine marks. The Second Circuit vacated a judgment against Peju after finding that the earlier...
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Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield?
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the Supreme Court’s decision in Cox Communications v. Sony Music Entertainment, which reversed a $1 billion judgment against the internet service provider. They discuss: – Why knowledge that...
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Fake People, Real Ads: New York’s New Rules for AI-Generated Performers
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss what the law requires, which advertisements may be exempt, and how brands and agencies should approach compliance. They cover: When advertisers must conspicuously disclose the use of a synthetic...
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New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers
In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman discuss SAG-AFTRA’s new 2026 TV/Theatrical Agreement and the updated AI provisions shaping the future of entertainment production. In this episode, they cover: What the new agreement says about digital…
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Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman revisit Lil’ Joe Records, Inc. v. Ross after the Eleventh Circuit reversed the district court’s ruling in favor of 2 Live Crew. The decision turns on a key bankruptcy issue: whether a copyright termination...
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Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right.
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of...
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Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome. They cover: Why the court treated the copied photos…
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Pepperdine’s Trademark Claim Against Netflix in “Running Point” Case Goes Under For Good
Pepperdine has used the “Waves” name for its athletic teams since 1937. Netflix’s Running Point also features a fictional basketball team called the Waves. In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler break down Pepperdine’s trademark lawsuit against...
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UMG v. Quince: When Trending Audio Becomes Copyright Infringement
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down UMG Records v. Last Brand, the lawsuit targeting Quince’s alleged use of unlicensed music across social media marketing. In this episode, they cover: Why platform music libraries do not...
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Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right
Did the courts just preserve documentary filmmaking as we know it? In this episode of The Briefing, Weintraub Tobin Partner Scott Hervey and Associate Caroline M. Korpiel revisit the Tiger King fair use dispute and break down the Tenth Circuit’s new opinion in Whyte Monkee Productions v. Netflix....
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Amazon v. Perplexity: Can Websites Block AI Agents?
What happens when your AI assistant can act for you, but the platform says no? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down the high-stakes dispute between Amazon and Perplexity AI over AI agents accessing password-protected user accounts. In this episode,...
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Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere
Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Herveyand Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement. In this episode, they...
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Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’
Can a five word phrase be worth millions? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down the high stakes trademark dispute between Las Vegas performer Maren Flagg and Taylor Swift over the phrase “The Life of a Showgirl.” In this episode, they...
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March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit
Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Corpuz break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one of the most recognizable trademarks in sports. In this episode, they…
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Lemon Pound Cake and the First Amendment
What happens when a failed police raid turns into a music video about lemon poundcake and a $3.9 million lawsuit? In this episode of The Briefing, Scott Hervey and Richard Buckley, Jr. break down the Afroman defamation case, where surveillance footage, satire, and public officials collide under...
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Vampires, Love Triangles, but No Infringement
What happens when two fantasy stories share the same DNA? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down a major copyright decision involving the Crave series and what it means for substantial similarity in fiction. In this episode, they cover…
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The Sound of a Lawsuit – David Greene vs Google NotebookLM
When does an AI voice become your voice? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley break down the lawsuit filed by longtime broadcaster David Greene against Google over its NotebookLM tool and its eerily familiar AI-generated voice. In this…
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No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement
What happens when artists agree to transfer rights to a musical composition but never put that transfer in writing? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica R. Corpuz break down a federal court decision arising from a copyright dispute tied to Ye’s Donda...
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Vetter v. Resnik: When Copyright Termination Goes Global
What happens when an artist terminates a decades-old copyright grant under U.S. law, but the work is still being exploited around the world? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Matt Sugarman break down the Fifth Circuit’s decision in Vetter v. Resnik and…
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Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?
Can an arbitration provider force someone into arbitration who never signed the contract? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the high-profile dispute involving Skechers, global influencer Khaby Lame, his management company...
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Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?
When a jury says two works are not substantially similar, is that the end of the story? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the Ninth Circuit’s decision arising from the Kat Von D tattoo of an iconic Miles Davis photograph...
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Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits
California privacy law has entered a new phase. In Part Two of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley break down the CCPA’s new requirements for Risk Assessments and Cybersecurity Audits. In this episode, they cover: When Risk Assessments...
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CCPA’s New Rules on Automated Decision making Technology (ADMT)
California privacy law has entered a new phase. In Part 1 of this two-part episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard Buckley breaks down California’s new CCPA regulations governing Automated Decision making Technology, or ADMT. This episode explains how the…
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Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”
We previously covered the trademark lawsuit filed by Lost International against Lady Gaga over her use of “Mayhem” in connection with her album, tour, and related merchandise. Now the court has ruled, denying Lost’s motion for a preliminary injunction. In this episode of The Briefing, Weintraub...
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Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win
The Ninth Circuit kicked off 2026 with a major copyright decision in the long-running Top Gun dispute, affirming summary judgment for Paramount in the lawsuit over Top Gun: Maverick. In this episode of The Briefing, Weintraub Tobin shareholders Scott Hervey and Tara Sattler break down the Ninth...
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The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues
As 2025 fades into the rearview mirror, many of the entertainment and media industry’s biggest legal questions remain unresolved. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler take a forward-looking approach to the cases and doctrines that could shape…
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2025 IP Resolutions Start With a Review of IP Assets (Featured)
Your intellectual property is one of your company’s most valuable assets. Are you keeping track of it? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Tara Sattler walk through why an IP checkup is a smart way to kick off the year and how businesses can safeguard their...
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New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk
In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory. They discuss the Times’ allegations that Perplexity copied its journalism at...
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A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)
Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing. Watch…
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Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know
The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin...
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The Man In Black v. Coca Cola: The New Soundalike Showdown
Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of...
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What Is Fair Use and Why Does It Matter? (Featured)
Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use. In this episode, they cover: What makes a use “transformative”? Why credit alone...
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Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions
Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding. They explore: Why recipes usually aren’t protected by...
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Soup for Change: Campbell’s Sues a Congressional Candidate
In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidate’s “Soup4Change” slogan and AI-generated soup can design. They cover the backstory, the trademark and First Amendment arguments, and how…
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Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER. In this episode of The Briefing, Weintraub Tobin attorneys Scott...
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Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright
When artistic identity meets corporate branding, where does copyright law draw the line? In a new episode of The Briefing, Scott Hervey and Richard Buckley discuss the lawsuit filed by artist Tyrrell Winston against the New Orleans Pelicans. Winston—whose distinctive sculptures of deflated...
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When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
A consent agreement can be a powerful tool to overcome a USPTO likelihood-of-confusion refusal—but only if it’s done right. In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley discuss the TTAB’s precedential decision in In re Ye Mystic Krewe of Gasparilla,...
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Protecting Fictional Characters: Copyright and Trademark Strategies
Can a car, a superhero, or even a cartoon sidekick be protected by copyright? In this episode of The Briefing, Scott Hervey and Matt Sugarman break down how fictional characters earn legal protection — and when they don’t. From DC Comics v. Towle (the “Batmobile” case) to Carroll Shelby Licensing...
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The Nirvana Baby Lawsuit – A Win for Nirvana
A federal court has granted summary judgment for Nirvana, dismissing Spencer Elden’s claim that the Nevermind album cover — depicting him as a baby — constituted child pornography. In this episode of The Briefing, Scott Hervey and James Kachmar revisit their earlier coverage of the Ninth…
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ABOUT THIS SHOW
In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.
HOSTED BY
Weintraub Tobin
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How many episodes does The Briefing by Weintraub Tobin have?
The Briefing by Weintraub Tobin currently has 100 episodes available on PodParley. New episodes are automatically indexed when they're published to the podcast feed.
What is The Briefing by Weintraub Tobin about?
In The Briefing by Weintraub Tobin, intellectual property attorney Scott Hervey and his guests discuss current IP issues related to trademark, copyright, and entertainment, as well as IP litigation and intellectual property in the news.
How often does The Briefing by Weintraub Tobin release new episodes?
The Briefing by Weintraub Tobin has 100 episodes. Check the episode list to see recent publication dates and frequency.
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Who hosts The Briefing by Weintraub Tobin?
The Briefing by Weintraub Tobin is created and hosted by Weintraub Tobin.
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