Podcast
The Briefing by Weintraub Tobin
Hosted by Weintraub Tobin · EN
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.
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Episodes
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The Briefing: When a Manager Becomes an Agent The Talent Agency Act Trap
4d agoTap to summarizeIn 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. They cover: What constitutes “procurement” under California’s Talent Agencies Act Why a representative’s actual conduct matters more than the title in the agreement How Park v. Deftones and Marathon Entertainment v. Blasi shaped disputes involving unlicensed talent agency activity Tune in for a practical discussion of how artists, managers, and entertainment attorneys can structure their relationships, protect their interests, and avoid disputes over co
Transcribe →The Briefing: Copyright Basics: What You Own, What You Don’t, and What Happens When Someone Crosses the Line
2w agoTap to summarizeIn 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 requirements for originality and fixation Who owns commissioned work and why payment alone may not transfer copyright What rights copyright owners have and what happens when those rights are infringed Tune in for a practical look at how copyright ownership can determine whether a creative project moves forward or becomes tied up in legal complications.
Transcribe →Peju Province Winery v Cesari: When a TTAB Loss Doesn’t Follow You to Court
3w agoTap to summarizeIn 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 Trademark Trial and Appeal Board decision did not consider how the companies actually used their marks in the marketplace. In this episode, they cover: – The two-decade dispute over the LIANO and LIANA wine marks – Why the TTAB’s likelihood-of-confusion ruling did not bind the federal court – What the Second Circuit’s decision means for brands facing litigation after a TTAB loss Tune in for a clear look at when a TTAB loss can follow a brand into federal court, and when it cannot.
Transcribe →Cox v Sony: Did the Supreme Court Just Give AI Companies a Copyright Shield?
3w agoTap to summarizeIn 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 customers are infringing copyrights is not enough to establish contributory liability – How inducement and substantial lawful uses shape the liability analysis for technology providers – Why the decision could serve as both a shield and a potential sword in copyright cases involving AI-generated content Tune in for a clear look at how the Supreme Court’s ruling reshapes the line between neutral technology and contributory copyright infringement.
Transcribe →Fake People, Real Ads: New York’s New Rules for AI-Generated Performers
Jul 10Tap to summarizeIn 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 performer How exemptions for expressive works, audio-only ads, and language translation may apply Practical steps brands and agencies should take, including AI audits, vendor agreements, and updated creative guidelines Tune in for a practical look at how AI-generated spokespeople are reshaping advertising transparency and compliance.
Transcribe →New SAG AFTRA Contract New AI Rules and Other Changes for Actors and Producers
Jul 2Tap to summarizeIn 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 replicas and synthetic performers How consent, compensation, and notice requirements may affect actors and producers Why entertainment attorneys should pay close attention to AI language in performer contracts Tune in for a clear look at where AI, performer rights, and entertainment production collide.
Transcribe →Lil’ Joe Records v. 2 Live Crew: Bankruptcy and Copyright Termination 11th Circuit
Jun 26Tap to summarizeIn 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 interest that was never scheduled in a Chapter 7 case remains property of the bankruptcy estate. In this episode, they cover: Why the Eleventh Circuit found Mark Ross’s termination interest remained in his bankruptcy estate How that changed the Section 203 majority vote needed to reclaim the copyrights What the ruling means for artists, estates, catalog owners, and attorneys handling termination notices The ruling changes the vote count under Section 203 and raises new due diligence questions for catalog reclamation projects. Tune in for a clear look at wh
Transcribe →Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right.
Jun 19Tap to summarizeIn 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 whether filing the lawsuit was the right strategic move. They cover: Why Patagonia is challenging Pattie Gonia’s merchandise and trademark application How the Rogers test and First Amendment protections may apply to expressive personas and related merchandise What the case shows about trademark enforcement, public backlash, and litigation strategy Tune in for a clear look at when trademark enforcement collides with parody, activism, and the First Amendment.
Transcribe →Brandy Melville vs. Shein: When Copying Photos Isn’t Trademark Infringement
Jun 12Tap to summarizeIn 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 as a copyright issue, not a trademark issue What Brandy Melville needed to show to support its trademark claims How brands should think about protecting product images, marketing content, and visual identity online Tune in for a clear look at where copyright protection ends and trademark law begins.
Transcribe →Pepperdine’s Trademark Claim Against Netflix in “Running Point” Case Goes Under For Good
Jun 5Tap to summarizePepperdine 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. They cover: Why Pepperdine challenged Netflix’s use of “Waves” How the court viewed the name in an expressive work What the ruling means for the Rogers test after Jack Daniel’s Tune in for a clear look at where trademark law and entertainment branding collide.
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