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 an... more

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FAQs about The Briefing by Weintraub Tobin:

How many episodes does The Briefing by Weintraub Tobin have?

The podcast currently has 257 episodes available.

The Briefing by Weintraub Tobin episodes:

January 02, 2026New 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 both the input and output stages and, more significantly, that the AI attributed fabricated or inaccurate content to the Times using its trademarks. The case raises new questions about false designation of origin, trademark dilution, and how AI hallucinations could expose platforms to liability.
In this episode, they cover:
Alleged large-scale scraping and output copying of Times content
How RAG systems complicate traditional copyright defenses
The novel use of trademark law to challenge AI hallucinations
False designation of origin and dilution by tarnishment claims
What this lawsuit could mean for AI companies that cite or brand sources
Tune in for a clear look at where trademark law meets AI-generated misinformation.
...more
27min
December 24, 2025 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 this episode on the Weintraub YouTube channel.
...more
12min
December 19, 2025Nudity 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 partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
In this episode, they cover:
What a SAG nudity rider is and why it is legally required
How consent must be disclosed, documented, and respected on set
Why filming nudity without a signed rider can be deemed nonconsensual
The risks producers face when still images or footage are reused without permission
How intimacy coordinators and detailed riders protect both performers and productions
This case is a reminder that nudity riders are not a formality. They are a core safeguard in film and television production.
Tune in here for a clear look at how SAG protections, performer consent, and production liability intersect.
...more
0min
December 12, 2025The 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 soundalikes.
In this episode, they cover:
How Tennessee’s new Elvis Act expands protection for voices and vocal imitation
Why the Cash estate is also asserting a Lanham Act false endorsement claim
How Midler v. Ford and Waits v. Frito-Lay continue to shape soundalike disputes
The line between imitating a musical “style” and misappropriating a distinctive voice
What brands and agencies should consider before using tribute artists or AI vocals
Tune in here for a clear look at where right of publicity, soundalike law, and advertising practice collide.
...more
30min
December 05, 2025What 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 doesn’t protect you
How recent court rulings (Warhol v. Goldsmith) are changing the game
Tips to stay on the right side of the law
Watch this episode on YouTube or listen to this podcast episode here.
...more
9min
November 26, 2025Turkey, 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 copyright
The surprising trademarks behind holiday favorites like Turducken and Tofurky
How brands use trademarks, trade dress, and storytelling to own a piece of the Thanksgiving season
The rise of “Friendsgiving” as both a cultural phenomenon and a branding challenge
Whether you’re a lawyer, brand owner, or marketing professional, this episode offers valuable insight into how IP shapes the way we celebrate and sell the holidays.
...more
13min
November 22, 2025 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 the Hershey case may influence the court’s view of political campaign branding. Tune in for a clear look at where trademark law meets political speech.
Watch this episode on YouTube.
...more
18min
November 14, 2025Reboot 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 Hervey and Tara Sattler discuss:
The background behind the ER “freeze clause”
Warner Bros.’ First Amendment arguments under California’s anti-SLAPP statute
The battle over what “derivative work” really means
How the trial court handled the Katz declaration
The broader implications for creative freedom and legacy IP
Watch this episode on YouTube.
...more
24min
November 07, 2025 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 basketballs arranged in grids have been exhibited worldwide and licensed by brands like Nike, Adidas, and even NBA teams—claims the Pelicans copied his signature style in a social media campaign.
His lawsuit raises a major question for artists, brands, and IP lawyers alike: Can a distinctive artistic style be protected under copyright law?
The conversation compares Winston’s claim to the “vibe copyright” case (Sydney Nicole v. Alyssa Sheil) and examines whether courts are expanding protection from expression into concepts and aesthetics.
Watch this episode on YouTube.
...more
16min
October 31, 2025When 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, where the Board rejected a one-page consent agreement as a “naked consent” insufficient to overcome a Section 2(d) refusal.

They unpack:
The history of the GASPARILLA application
Why the TTAB said the agreement didn’t “show the work”
How to draft a consent agreement that will actually persuade the USPTO
Don’t miss this one—it’s a practical guide for anyone working with trademarks or brand portfolios. Watch this episode on YouTube.
...more
12min

FAQs about The Briefing by Weintraub Tobin:

How many episodes does The Briefing by Weintraub Tobin have?

The podcast currently has 257 episodes available.

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