All Episodes
The Briefing by Weintraub Tobin — 284 episodes
Peju Province Winery v Cesari: When a TTAB Loss Doesn’t Follow You to Court
Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield?
Fake People, Real Ads: New York’s New Rules for AI-Generated Performers
New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers
Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit
Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right.
Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement
Pepperdine’s Trademark Claim Against Netflix in “Running Point” Case Goes Under For Good
UMG v. Quince: When Trending Audio Becomes Copyright Infringement
Documentary Fair Use After Warhol: The Tenth Circuit Gets It Right
Amazon v. Perplexity: Can Websites Block AI Agents?
Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere
Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’
March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit
Lemon Pound Cake and the First Amendment
Vampires, Love Triangles, but No Infringement
The Sound of a Lawsuit – David Greene vs Google NotebookLM
No Paper, No Standing: Kanye West, Copyright Transfers, and the Writing Requirement
Vetter v. Resnik: When Copyright Termination Goes Global
Skechers, TikTok, and Khaby Lame: Is Barrett Wissman Potentially Liable?
Kat Von D, Miles Davis, and the Possible Death of the Intrinsic Test?
Part Two: CCPA’s New Rules on Risk Assessments and Cybersecurity Audits
CCPA’s New Rules on Automated Decision making Technology (ADMT)
Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”
Top Gun Cleared for Takeoff: The Ninth Circuit Affirms Paramount’s Copyright Win
The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues
2025 IP Resolutions Start With a Review of IP Assets (Featured)
New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk
A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season (Featured)
Nudity Riders, Consent, and the Terrifier Lawsuit: What Producers Must Know
The Man In Black v. Coca Cola: The New Soundalike Showdown
What Is Fair Use and Why Does It Matter? (Featured)
Turkey, Trademarks, and Thanksgiving Branding – IP Protection for Recipes and Holiday Traditions
Soup for Change: Campbell’s Sues a Congressional Candidate
Reboot or Not? The Battle Between ER’s Creator and Warner Bros Hits the Court of Appeal
Tyrrell Winston v. NBA: When Artistic Style Becomes Copyright
When Consent Isn’t Enough – The TTAB’s Decision in In re Ye Mystic Krewe of Gasparilla
Protecting Fictional Characters: Copyright and Trademark Strategies
The Nirvana Baby Lawsuit – A Win for Nirvana
Studios Beware: The Danger of the Beauty and the Beast Copyright Decision
George Santos vs. Jimmy Kimmel: Why the 2nd Circuit Sided with Comedy
Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court
Anthropic Settles AI Training Case for $1.5 Billion +
Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?
Court Says “No Way” To 50 Cent’s Battle Over Skill House
The Doctrine of Foreign Equivalents: What It Means for Your Brand
Publicity Rights and the Law – Using Real People in Your Work
Who Owns What – Understanding Copyright in Collaborative Projects
Trademark Basics – Protecting Names, Logos, and Brands in Entertainment
What Is Fair Use and Why Does It Matter?
The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
Anthropic, Copyright, and the Fair Use Divide
The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts (Featured)
Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
When a TikTok Costs You $150,000 – Copyright Pitfalls in Influencer Marketing
Influencer Fail – ALO Yoga & Influencers Named in $150M Class Action Lawsuit for FTC Violations
No CTRL-ALT-DEL For the Server Test
Trademark Mayhem – Lady Gaga Gets Sued for Trademark Infringement
The Future of TV? A 2025 Digital Media Trends Analysis
Everyone Loves the HBO Series ‘White Lotus,’ Except Duke University
Sequel, Spin-Off, or Something Else? The Legal Battle Over “ER” and “The Pitt”
ER Redux? The Anti-SLAPP Motion That Didn’t Stick
Diana Copeland – “Surviving R. Kelly” But Not Netflix’s Motion to Dismiss
NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
Court Drowns Pepperdine’s ‘Waves’ Trademark Battle Against Netflix
The Briefing: The Stanley Cup Clash – A Trademark Battle
The Briefing: Westlaw v. Ross AI – Is This The End of AI Training or The Future of AI Training
Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
Bad Spaniels: Infringement? No. Dilution? Yes
Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation
Creator Contract Liability When Your Platform Disappears: The TikTok Ban
2025 IP Resolutions Start With a Review of IP Assets
About Face: Courts Weigh AI Face-Swapping Technology and Celebrity Rights
Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)
Navigating the Legal Risks for Brands in Social Media Marketing – Part 1 (Archive)
A Very Patented Christmas: The Quirkiest Inventions for the Holiday Season
Is This Just A Copycat Influencer Case or Something More Problematic?
Trademark Turbulence – Oakland vs SFO in Trademark Showdown
Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
The Briefing: Based on a (NOT) True Story – The Baby Reindeer Defamation Case
Millions at Stake: How 2 Live Crew Beat Bankruptcy to Reclaim Their Music
Bad Spirits – How a Dog Toy Changed TV Title Clearance
The Dark Side of Halloween – Unlicensed Costumes and the Legal Haunt
The Fall of SUPER HERO: When Trademarks Become Generic
New California Laws for Digital Replicas Both Live and Dead
Trump Train Derailed In “Electric Avenue” Copyright Lawsuit
“Hold On” You Can’t Use That Music in Your Presidential Campaign
Fake Reviews, Real Consequences: Consumer Review Dos and Don’ts
Punchbowl News’ Trademark Win Despite Rogers Setback
Does This Court’s Ruling Put an End to Tattoo Copyright Cases?
Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Deep Dive into the NO FAKES Act
Thirsty for Clarity – Brand Confusion In The Beverage Category
Affiliate Marketing vs Retail Services – TTAB’s Landmark Ruling
How to Avoid Bearing The Risks of A Naked License (Featured)
IOC Goes For Gold In Trademark Suit Over Logan Paul – Kevin Durrant Sports Drink
No Copyright Protection in Fitness Routines for Celebrity Trainer Tracy Anderson
Closing The Royalty Loophole Push for a Public Performance Right in Sound Recordings
Not Terminated – Cher Still Entitled to Her Share of Music Royalties
The Strength of a Trademark (Archive)
Supreme Court Holds Copyright Damages Can Go Beyond 3 Years
The Briefing: Is the FTC Recent Rule on Non-Competes a New Reality for Reality TV Stars
Scarlett Johansson vs Chat GPT What the Legal Claims Would Look Like
Another Court Gets It Right in Tattoo Copyright Dispute
Paramount Splashes Top Gun Maverick Copyright Lawsuit
Filmmakers Express Concern Over Impending Death of ‘Biographical Anchor’ Fair Use Basis
Netflix Defamation Lawsuit About Inventing Anna – Not an Imposter
Brandy Melville Doubles Down Against Redbubble
How “knockoff” Furniture Landed Kim Kardashian in an IP Lawsuit
Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
Tennessee’s ELVIS Act Isn’t What You Think
Navigating the Legal Risks for Brands in Social Media Marketing – Part 2
Navigating the Legal Risks for Brands in Social Media Marketing – Part 1
Defamation by Docudrama – Inventing Anna (ARCHIVE)
Truth Maybe Crazy, But Truth Just Got Kanye West Out of a Defamation Case
The Patent Puzzle: USPTO’s Guidelines for AI Inventions
How Far Back Can You Go: Supreme Court to Decide Circuit Split on Recovery of Copyright Damages
Writers, Actors, AI: The AI Centric Changes to the WGA and SAG Agreements
Tag, You’re Sued: Graffiti Artists Sue Over Use of Their Tags
Nirvana Stuck in Lawsuit Over “Nevermind” Album Cover
Brandy Melville v Redbubble: Navigating Contributory Infringement
Ninth Circuit Pulls Back Rogers Test in Light of Jack Daniels Decision
It’s Not Yabba-Dabba-Delicious – TTAB Denies Color Mark for Post Fruity Pebbles!
Beyond the Hashtag: FTC Revises Guidelines for Endorsement Use in Advertising
The Protectability of Short Phrases (Archive)
IP Rights and the “Public Good” Exemption to California’s Anti-SLAPP Law: An Update
Merry Litigation: All I Want for Christmas is a Copyright Infringement Lawsuit
Jingle Brawl: The Battle for ‘Queen of Christmas’
Netflix to Pay $2.5M to GoTV for Patent Infringement
Once Upon A Time – SCOTUS Rejects Trademark Infringement Claim Against Quentin Tarantino Film
Are LEGO Creations Based on Religious Texts Eligible for Copyright Protection?
SCOTUS to Determine if USPTO Refusal to Register TRUMP TOO SMALL is Unconstitutional
AI Training and Copyright Infringement: Lessons from the Ross Intelligence Case
Tattoos, Tiger King, and Copyright Lawsuits – Oh My – Cramer v. Netflix
Is Linda Fairstein’s Portrayal in Netflix’s “When They See Us” Fair?
When Parmesan isn’t Parmesan – Cheese Consortium Attempts to Fight Off Counterfeit Cheese
Unmasking Luxury Knockoffs: Amazon Sues Influencers for Promoting Counterfeit Goods
The AI Copyright Conundrum Continues – An Update
Judge Finds Lyrics and Themes “Guns, Money, and Jewelry” Too Commonplace for Copyright Protection
Court Rejects Dirt.com’s Post-Warhol Fair Use Defense in Photographer’s Copyright Lawsuit
Failure to Disclose Relationship with Real Party in Interest Results in Serious Sanctions
How to Avoid Bearing The Risks of A Naked License
A Prototypical Corporate Salesperson is Not Patentable
Deepfakes vs Right of Publicity: Navigating the Intersection Between Free Speech and Protected Rights
Shedding Light on ‘Willful Blindness’: Brandy Melville v Redbubble
No CTRL-ALT-DEL For the Server Test
Zillow Loses Second Round of Copyright Fight
Is Warhol Bad for Documentarians?
The Supreme Court Limits the Reach of The Lanham Act
Netflix Settles Defamation Dispute with Docu Film Subjects
Bad Spaniels in the Doghouse – Jack Daniels Prevails in Trademark Fight
Court Rules Litigation Funding Not Relevant in Netflix v. GoTV
USPTO Suspends Applications Including Criticisms of Known Living Figures
What Now for Fair Use After Warhol v. Goldsmith
The Protectability of Short Phrases
No Beating Around the Bush: TTAB Upholds Anti-Pot Policy
Aaron Judge Hits a Grand Slam Before the Trademark Trial and Appeal
AI Generated Fake Drake Song – Legit or Lawsuit?
Chipotle and Sweetgreen Settle Food Fight Over CHIPOTLE Trademark
Woodward Asks Court to Dump Trump’s Complaint
SCOTUS Hears Arguments in VIP Products V. Jack Daniels
Trademark Claim Over ‘Anne of Green Gables – The Musical’ Hits Sour Note With NY Producer
Law Firm Sues Las Vegas Raiders for Threatening Trademark Infringement Claim
Copyright Office Issues Guidance for Works Containing Material Generated by AI
USPTO Suspends Action on Trademark Applications Targeting Names of Public Figures
Copyright Office Goes After Registration Issued to AI-created Graphic Novel
Rick Astley Sues Yung Gravy for Use of Imitation Voice in “Betty (Get Money)”
Getty Images Sues Stability AI for Copyright Infringement
Did the Court Bag the MetaBirkin Case?
Is Trump’s Copyright Claim Against Woodward “Trumped Up”?
Miami Terminates FTX’s Naming Rights Deal for NBA Arena
9th Circuit Agrees with Woz – No Promise to Pay, No Desny Claim
Trademark and Copyright Cases to Watch in 2023
2023 IP Resolutions Start with a Review of IP Assets
The Strength of a Trademark
Viacom Wins Trademark Dispute Over MTV’s ‘Floribama Shore’
Supreme Court Takes Up Jack Daniel’s-Bad Spaniels Trademark Dispute
The Yonays Take the First Sortie in Copyright Fight With Paramount Over Top Gun Maverick
After 70 Years, Supreme Court Will Once Again Weigh in on The Exterritorial Reach of Lanham Act
Jack Nicklaus Companies Landed Hole-In-One With Court’s Recent Injunction
The Sneakerhead Breakup of the Century – Yeezy and Adidas
Vogue Sues 21 Savage and Drake Over Imitation Vogue Cover Marketing Campaign
Law Firm’s Suit Against Namesake Provides Two Important Trademark Lessons
Cardi B Makes Money Moves with the Jury and Prevails in IP Trial
Hermès Tries to Bag Digital Designer Selling MetaBirkin NFTs
NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 2)
NBA Star Luka Doncic Goes Hard in the Paint and Seeks to Cancel Mom’s Trademark (Part 1)
Tattoo Artist Copyright Win Will Create Uncertainty Over Celebrities with Tattoos
Titania v. She-Hulk: Trademark Infringement in the Marvel Universe
Defamation by Docudrama – Inventing Anna
The Essential Purpose of the Short Form Copyright Assignment (Archive)
Paramount is Ready to Dogfight in Top Gun Maverick Copyright Lawsuit
Evel Knievel IP Lawsuit Against Disney Crashes and Burns
Mattel Isn’t Toying Around About Nicki Minaj Barbie-Que Chips
Fox Wins Another Copyright Lawsuit Over ‘Empire’ Character
Miami Dolphins Coach Gets Sacked on Motion to Dismiss
Unofficial Bridgerton Musical – Fair Use or Infringing Fan Fiction
NY Court Catches Bieber Fever, Denying RHODE NYC’s Motion for Preliminary Injunction
Is the Server Test Ready for a Reboot?
Seattle Space Needle Pokes at Local Coffee Shop’s Logo
What Makes a Character Protectable Under Copyright
THE Ohio State University Registers “The” as a Trademark
2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans
Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision
Top Gun Maverick – Right Into The Copyright Lawsuit Zone
What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use
Judge Throws a Flag on the Play in USFL IP Litigation
The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince, and Goldsmith
Senator Hawley Targets Disney with So-Called Copyright Reform Bill
An Idea Doesn’t Have to be Novel to be Stolen (In California)
Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser
The Original USFL Throws a Flag at Fox’s Attempted Revival of the United States Football League
The Case of the Stolen Ampersand and the (Non)Protectability of Fonts
SCOTUS Issues First IP Ruling of 2022 in Unicolors, Inc. v. H&M Hennes & Maurits, LP
March Madness Marketing Rebounds With a New Twist
Supreme Court Petitioned to Overturn 8th Circuit’s Holding on Architectural Plans that Upends “Standard Marketing Practices” in Real Estate Industry
Cookie Co’s Motion to Dismiss Trademark Lawsuit by Restaurant Crumbles
Heirs of Evel Knievel Clearly Do Not Have a Friend in Disney
Hermès Attempts to Bag Digital Creator Selling MetaBirkin NFTs
Copyright Office Rejects Application for A.I. Created Art Work
Nike Tries to Stomp Out StockX’s Attempt to Sell NFTs of Nike Sneakers
If a Photograph is Infringed But No One Sees it, is it Still Infringement?
More NFT Confusion: Art Collector Files Lawsuit to Establish Right to Turn Painting into NFT
Sponsored Post Lands Beauty Influencer in Trademark Infringement Lawsuit
Federal Judge Holds Swiss Cheese Makers’ Claim to Gruyere Full of Holes
Jack’s Lawsuit Against FTX is Back in the Box
Copyright Cases to Watch in 2022
Miami Dolphins Coach Plays Defense Against Sports Psychologist’s Copyright Infringement Lawsuit
YouTube Removes 150 Videos from Popular AniTuber’s Channel
Supreme Court Boots Australian Boot Maker’s Appeal for Attempting to Use Ugg’s Trademark
Trouble in House of Gucci: Does the Family Have a Claim Following Release of New Film?
Lord of The Rings Author’s Estate Clings to its Precious Trademark, Blocking JRR Token
Say NFT Again – I Dare You: Miramax Sues Quentin Tarantino Over Plans to Sell “Pulp Fiction” NFT
Cleveland Now Has Two Guardians: The Baseball Team and the Roller Derby Team Settle Their Case and Agree to Joint Use
Jack in the Box Pops a Spring Over Mascot Trademark Dilution
DMCA: The Right to Repair and More New Exemptions
Embed at Your Own (Copyright) Risk
Guardians of the Trademark: Cleveland Baseball Team and Cleveland Roller Derby Team Clash Over IP
This Could Change Paparazzi Mood Forever – Update on the Ratajkowski / Paparazzi Copyright Lawsuit
A Spooky Copyright Decision for Producers of Friday the 13th Franchise
Don’t Scream: Copyright Infringement Case Finds for “Scary Terry” Rozier
Court Melts Ice Cube’s Trademark Lawsuit against Robinhood + Update
Naming Rights for LA Clippers Dome: FinTech Steps Intuit
Keeping an Eye on Warby Parker Adwords Trademark Infringement Lawsuit
Could a Trademark Search Have Saved ‘The Cleveland Indians’ Botched Rebrand?
San Diego Gulls’ Wings Clipped in Dispute Over Logo Copyright
Could Netflix Be Liable in “When They See Us” Defamation Case?
Prince Estate Wants Winery’s ‘Purple Rain’ Trademark Back in the Bottle
Dealmaking Pitfalls in NCAA’s New NIL Policy
NCAA Erects Challenge to ‘Vasectomy Mayhem’ Trademark
Tattoos, Videogames, and Lawsuits: Who Owns the Copyright on Athletic Ink?
Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part Two, Trademark)
Dr. Seuss Sets Photon Torpedoes on Star Trek Mashup in 9th Circuit Appeal (Part One, Copyright)
Don’t Film So Close to Me: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
Bonus Olympic Episode: IOC Gets Gold in Trademark Enforcement
Space Erotica Flick Not Infringed by Black Mirror
Nike Threatens Fire & Brimstone Over Satanic Custom Shoe Makers
Andy Warhol’s Prince Prints: Not Fair Use!? (Part Two)
Andy Warhol’s Prince Prints: Not Fair Use!? (Part One)
What’s In a Name: Clearing Titles for Film and Television
Defamation Lawsuit Against Netflix Dropped + New York Protects Dead Celebrities
SPIN Trademark Has Peloton Wrapped Around the Axel
“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part II
“Inspired By” Characters – Defamation Lawsuit As a Spinoff Part I
Celebrities Sued for Posting Images of Themselves
Hard Cider Maker Can’t Whine About Trademark Opposition
The Ninth Circuit Affirms That Comic-Con isn’t Generic
9th Circuit Provides Clear Copyright Guidance for Producers of Bio Pics
Navigating the Hazy Intersection of Cannabis Law & Trademarks
The Essential Purpose of the Short Form Copyright Assignment
Copyright Infringement: BuzzFeed just got Buzz Worthy
Empire Copyright Litigation
COVID 19 Bill Stimulates the Economy and Changes in the Intellectual Property Law
Twitch Under Fire From the Music Industry
Federal Court Finds UGG is not Generic for Famous UGG Boots
Sushi Restaurants Battle for Control over Hand Roll Trademark
Trademark Infringement – Tiffany & Co. Versus Costco
Dogs, Whiskey, and Intellectual Property: Need I Say More?
Let Russ Cook: An NFL-Sized Introduction to ITU Applications