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All Episodes

The Briefing by Weintraub Tobin — 291 episodes

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Title
1

The Briefing: Lady Gaga “Mayhem” Trademark Win: Did the Court Get It Right?

2

Tyra Banks, Netflix and America’s Next Top Model: The Legal Fight Over Documentary Editing

3

Who Owns the Photo? Moore v. Daily Mail and the Limits of Copyright

4

Kennedy Center v. Redd: How a Canceled Jazz Concert Became a Free Speech Fight

5

IP Bootcamp: The Intellectual Property Framework Every Business Needs to Know

6

The Briefing: When a Manager Becomes an Agent The Talent Agency Act Trap

7

The Briefing: Copyright Basics: What You Own, What You Don’t, and What Happens When Someone Crosses the Line

8

Peju Province Winery v Cesari: When a TTAB Loss Doesn’t Follow You to Court

9

Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield?

10

Fake People, Real Ads: New York’s New Rules for AI-Generated Performers

11

New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers

12

Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit

13

Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right.

14

Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement

15

Pepperdine’s Trademark Claim Against Netflix in “Running Point” Case Goes Under For Good

16

UMG v. Quince: When Trending Audio Becomes Copyright Infringement

17

Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right

18

Amazon v. Perplexity: Can Websites Block AI Agents?

19

Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere

20

Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’

21

March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit

22

Lemon Pound Cake and the First Amendment

23

Vampires, Love Triangles, but No Infringement

24

The Sound of a Lawsuit – David Greene vs Google NotebookLM

25

No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement

26

Vetter v. Resnik: When Copyright Termination Goes Global

27

Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?

28

Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?

29

Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits

30

CCPA’s New Rules on Automated Decision making Technology (ADMT)

31

Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”

32

Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win

33

The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues

34

2025 IP Resolutions Start With a Review of IP Assets (Featured)

35

New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk

36

A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)

37

Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know

38

The Man In Black v. Coca Cola: The New Soundalike Showdown

39

What Is Fair Use and Why Does It Matter? (Featured)

40

Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions

41

Soup for Change: Campbell’s Sues a Congressional Candidate

42

Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal

43

Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright

44

When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla

45

Protecting Fictional Characters: Copyright and Trademark Strategies

46

The Nirvana Baby Lawsuit – A Win for Nirvana

47

Studios Beware: The Danger of the Beauty and the Beast Copyright Decision

48

George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy

49

Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court

50

Anthropic Settles AI Training Case for $1.5 Billion +

51

Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?

52

Court Says “No Way” To 50 Cent’s Battle Over Skill House

53

The Doctrine of Foreign Equivalents: What It Means for Your Brand

54

Publicity Rights and the Law – Using Real People in Your Work

55

Who Owns What – Understanding Copyright in Collaborative Projects

56

Trademark Basics – Protecting Names, Logos, and Brands in Entertainment

57

What Is Fair Use and Why Does It Matter?

58

The Wrong Argument – Why Authors Lost Against Meta and What Comes Next

59

Anthropic, Copyright, and the Fair Use Divide

60

The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement

61

Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle

62

Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood

63

The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim

64

Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts (Featured)

65

Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle

66

Trademark Smoked: The Fall of General Cigar’s COHIBA Registration

67

When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing

68

Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations

69

No CTRL-ALT-DEL For the Server Test

70

Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement

71

The Future of TV? A 2025 Digital Media Trends Analysis

72

Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University

73

Sequel, Spin-Off, or Something Else? The Legal Battle Over “ER” and “The Pitt”

74

ER Redux? The Anti-SLAPP Motion That Didn’t Stick

75

Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss

76

NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake

77

Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix

78

The Briefing: The Stanley Cup Clash – A Trademark Battle

79

The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training

80

Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight

81

Bad Spaniels: Infringement? No. Dilution? Yes

82

Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation

83

Creator Contract Liability When Your Platform Disappears: The TikTok Ban

84

2025 IP Resolutions Start With a Review of IP Assets

85

About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights

86

Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)

87

Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)

88

A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season

89

Is This Just A Copycat Influencer Case or Something More Problematic?

90

Trademark Turbulence – Oakland vs SFO in Trademark Showdown

91

Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes

92

The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case

93

Millions at Stake: How 2 Live Crew Beat Bankruptcy to Reclaim Their Music

94

Bad Spirits – How a Dog Toy Changed TV Title Clearance

95

The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt

96

The Fall of SUPER HERO: When Trademarks Become Generic

97

New California Laws for Digital Replicas Both Live and Dead

98

Trump Train Derailed In “Electric Avenue” Copyright Lawsuit

99

“Hold On” You Can’t Use That Music in Your Presidential Campaign

100

Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts

101

Punchbowl News’ Trademark Win Despite Rogers Setback

102

Does This Court’s Ruling Put an End to Tattoo Copyright Cases?

103

Late Night, Early Dismissal: The Santos-Kimmel Copyright Case

104

Deep Dive into the NO FAKES Act

105

Thirsty for Clarity – Brand Confusion In The Beverage Category

106

Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling

107

How to Avoid Bearing The Risks of A Naked License (Featured)

108

IOC Goes For Gold In Trademark Suit Over Logan Paul – Kevin Durrant Sports Drink

109

No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson

110

Closing The Royalty Loophole Push for a Public Performance Right in Sound Recordings

111

Not Terminated – Cher Still Entitled to Her Share of Music Royalties

112

The Strength of a Trademark (Archive)

113

Supreme Court Holds Copyright Damages Can Go Beyond 3 Years

114

The Briefing: Is the FTC Recent Rule on Non-Competes a New Reality for Reality TV Stars

115

Scarlett Johansson vs Chat GPT What the Legal Claims Would Look Like

116

Another Court Gets It Right in Tattoo Copyright Dispute

117

Paramount Splashes Top Gun Maverick Copyright Lawsuit

118

Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis

119

Netflix Defamation Lawsuit About Inventing Anna – Not an Imposter

120

Brandy Melville Doubles Down Against Redbubble

121

How “knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit

122

Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit

123

Tennessee’s ELVIS Act Isn’t What You Think

124

Navigating the Legal Risks for Brands in Social Media Marketing – Part 2

125

Navigating the Legal Risks for Brands in Social Media Marketing – Part 1

126

Defamation by Docudrama – Inventing Anna (ARCHIVE)

127

Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case

128

The Patent Puzzle: USPTO’s Guidelines for AI Inventions

129

How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages

130

Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements

131

Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags

132

Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover

133

Brandy Melville v Redbubble: Navigating Contributory Infringement

134

Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision

135

It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!

136

Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising

137

The Protectability of Short Phrases (Archive)

138

IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update

139

Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit

140

Jingle Brawl: The Battle for ‘Queen of Christmas’

141

Netflix to Pay $2.5M to GoTV for Patent Infringement

142

Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film

143

Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?

144

SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional

145

AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case

146

Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix

147

Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?

148

When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheese

149

Unmasking Luxury Knockoffs: Amazon Sues Influencers for Promoting Counterfeit Goods

150

The AI Copyright Conundrum Continues – An Update

151

Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection

152

Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit

153

Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions

154

How to Avoid Bearing The Risks of A Naked License

155

A Prototypical Corporate Salesperson is Not Patentable

156

Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights

157

Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble

158

No CTRL-ALT-DEL For the Server Test

159

Zillow Loses Second Round of Copyright Fight

160

Is Warhol Bad for Documentarians?

161

The Supreme Court Limits the Reach of The Lanham Act

162

Netflix Settles Defamation Dispute with Docu Film Subjects

163

Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight

164

Court Rules Litigation Funding Not Relevant in Netflix v. GoTV

165

USPTO Suspends Applications Including Criticisms of Known Living Figures

166

What Now for Fair Use After Warhol v. Goldsmith

167

The Protectability of Short Phrases

168

No Beating Around the Bush: TTAB Upholds Anti-Pot Policy

169

Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal

170

AI Generated Fake Drake Song – Legit or Lawsuit?

171

Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark

172

Woodward Asks Court to Dump Trump’s Complaint

173

SCOTUS Hears Arguments in VIP Products V. Jack Daniels

174

Trademark Claim Over ‘Anne of Green Gables – The Musical’ Hits Sour Note With NY Producer

175

Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim

176

Copyright Office Issues Guidance for Works Containing Material Generated by AI

177

USPTO Suspends Action on Trademark Applications Targeting Names of Public Figures

178

Copyright Office Goes After Registration Issued to AI-created Graphic Novel

179

Rick Astley Sues Yung Gravy for Use of Imitation Voice in “Betty (Get Money)”

180

Getty Images Sues Stability AI for Copyright Infringement

181

Did the Court Bag the MetaBirkin Case?

182

Is Trump’s Copyright Claim Against Woodward “Trumped Up”?

183

Miami Terminates FTX’s Naming Rights Deal for NBA Arena

184

9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim

185

Trademark and Copyright Cases to Watch in 2023

186

2023 IP Resolutions Start with a Review of IP Assets

187

The Strength of a Trademark

188

Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’

189

Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute

190

The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick

191

After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act

192

Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction

193

The Sneakerhead Breakup of the Century – Yeezy and Adidas

194

Vogue Sues 21 Savage and Drake Over Imitation Vogue Cover Marketing Campaign

195

Law Firm’s Suit Against Namesake Provides Two Important Trademark Lessons

196

Cardi B Makes Money Moves with the Jury and Prevails in IP Trial

197

Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs

198

NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 2)

199

NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)

200

Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos

201

Titania v. She-Hulk: Trademark Infringement in the Marvel Universe

202

Defamation by Docudrama – Inventing Anna

203

The Essential Purpose of the Short Form Copyright Assignment (Archive)

204

Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit

205

Evel Knievel IP Lawsuit Against Disney Crashes and Burns

206

Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips

207

Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character

208

Miami Dolphins Coach Gets Sacked on Motion to Dismiss

209

Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction

210

NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction

211

Is the Server Test Ready for a Reboot?

212

Seattle Space Needle Pokes at Local Coffee Shop’s Logo

213

What Makes a Character Protectable Under Copyright

214

THE Ohio State University Registers “The” as a Trademark

215

2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans

216

Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision

217

Top Gun Maverick – Right Into The Copyright Lawsuit Zone

218

What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use

219

Judge Throws a Flag on the Play in USFL IP Litigation

220

The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith

221

Senator Hawley Targets Disney with So-Called Copyright Reform Bill

222

An Idea Doesn’t Have to be Novel to be Stolen (In California)

223

Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser

224

The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League

225

The Case of the Stolen Ampersand and the (Non)Protectability of Fonts

226

SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP

227

March Madness Marketing Rebounds With a New Twist

228

Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry

229

Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles

230

Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney

231

Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs

232

Copyright Office Rejects Application for A.I. Created Art Work

233

Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers

234

If a Photograph is Infringed But No One Sees it, is it Still Infringement?

235

More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT

236

Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit

237

Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes

238

Jack’s Lawsuit Against FTX is Back in the Box

239

Copyright Cases to Watch in 2022

240

Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit

241

YouTube Removes 150 Videos from Popular AniTuber’s Channel

242

Supreme Court Boots Australian Boot Maker’s Appeal for Attempting to Use Ugg’s Trademark

243

Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?

244

Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token

245

Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT

246

Cleveland Now Has Two Guardians: The Baseball Team and the Roller Derby Team Settle Their Case and Agree to Joint Use

247

Jack in the Box Pops a Spring Over Mascot Trademark Dilution

248

DMCA: The Right to Repair and More New Exemptions

249

Embed at Your Own (Copyright) Risk

250

Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP

251

This Could Change Paparazzi Mood Forever – Update on the Ratajkowski / Paparazzi Copyright Lawsuit

252

A Spooky Copyright Decision for Producers of Friday the 13th Franchise

253

Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier

254

Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update

255

Naming Rights for LA Clippers Dome: FinTech Steps Intuit

256

Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit

257

Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?

258

San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright

259

Could Netflix Be Liable in “When They See Us” Defamation Case?

260

Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle

261

Dealmaking Pitfalls in NCAA’s New NIL Policy

262

NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark

263

Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?

264

Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)

265

Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)

266

Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

267

Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement

268

Space Erotica Flick Not Infringed by Black Mirror

269

Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers

270

Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)

271

Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)

272

What’s In a Name: Clearing Titles for Film and Television

273

Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities

274

SPIN Trademark Has Peloton Wrapped Around the Axel

275

“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part II

276

“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part I

277

Celebrities Sued for Posting Images of Themselves

278

Hard Cider Maker Can’t Whine About Trademark Opposition

279

The Ninth Circuit Affirms That Comic-Con isn’t Generic

280

9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics

281

Navigating the Hazy Intersection of Cannabis Law & Trademarks

282

The Essential Purpose of the Short Form Copyright Assignment

283

Copyright Infringement: BuzzFeed just got Buzz Worthy

284

Empire Copyright Litigation

285

COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law

286

Twitch Under Fire From the Music Industry

287

Federal Court Finds UGG is not Generic for Famous UGG Boots

288

Sushi Restaurants Battle for Control over Hand Roll Trademark

289

Trademark Infringement – Tiffany & Co. Versus Costco

290

Dogs, Whiskey, and Intellectual Property: Need I Say More?

291

Let Russ Cook: An NFL-Sized Introduction to ITU Applications