The Briefing by Weintraub Tobin

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 Netflix, the ruling on Netflix’s motion to dismiss, and what the decision says about the Rogers test after Jack Daniel’s v. VIP Products.

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Tune in for a clear look at where trademark law and entertainment branding collide.

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:

For brands, agencies, and influencer marketing teams, this case is a reminder that viral content still needs to be legally cleared. Tune in for a clear look at where music licensing meets influencer marketing, brand control, and copyright liability.

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.

In this episode, they cover:

Whether you’re a filmmaker, producer, content creator, or IP professional, this episode offers important insight into the future of fair use in documentary storytelling.

Watch this episode on our YouTube or listen to the podcast here.

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, they cover:

– What “agentic AI” means and how tools like Comet actually function

– Why Amazon moved quickly for a preliminary injunction

– How the CFAA and California law are being used to challenge AI-driven access

Tune in for a clear look at whether platform owners can legally fence off AI agents from interacting with their systems.

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 cover:

Tune in for a clear look at how a single demand letter can determine where you end up litigating.

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 cover:

– Whether a phrase can function as a protectable trademark or just a descriptive title

– How the Rogers test applies to tour names and merchandise

– What recent Supreme Court rulings mean for First Amendment defenses in trademark law

From concert tours to commercial merch, the line between branding and expression is getting harder to define. Tune in for a clear look at where trademark law meets the First Amendment.

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 cover:

Tune in for a clear look at where trademark law meets sports betting.

Watch this episode on our YouTube or listen to the podcast here.

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 First Amendment law.

In this episode, they cover:

Tune in for a clear look at where defamation law meets satire and the First Amendment.

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:

– Why common genre tropes like love triangles, supernatural powers, and chosen one narratives are not protectable

– How courts filter out unprotectable elements using the “more discerning ordinary observer” test

– Why combining familiar elements is not enough to prove copyright infringement

Tune in for a clear look at where copyright law draws the line between inspiration and infringement.

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 episode, they cover:

Tune in for a clear look at where the right of publicity meets artificial intelligence