Can a car be a copyrightable character? In Carroll Shelby Licensing v. Halicki, the Ninth Circuit said no — ruling that “Eleanor,” the iconic Mustang from ‘Gone in 60 Seconds,’ lacks the distinctiveness and consistency...more
6/20/2025
/ Appeals ,
Celebrities ,
Claim Construction ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Entertainment Industry ,
Fictional Characters ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Movies ,
Popular
What happens when a business built on a celebrity’s name no longer controls the name itself? In this episode of The Briefing, attorneys Scott Hervey and Jessica Marlow break down the Nicklaus Companies v. GBI decision and...more
Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of...more
Lady Gaga’s “Mayhem” tour has sparked legal trouble. In this episode of The Briefing, Scott Hervey and James Kachmar analyze a trademark infringement lawsuit filed by surf brand, Lost International, which claims Gaga’s use of...more
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing...more
The Ninth Circuit recently upheld a ruling allowing a class action against NeoCortex, the creators of the Reface app, over the unauthorized use of content creator Kyland Young’s likeness. This case highlights the growing...more
A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision...more
A New York Judge dismissed former Rep. George Santos’ lawsuit against Jimmy Kimmel Live over the late-night host’s use of personalized Cameo videos in one of his segments. Scott Hervey and Tara Sattler discuss this decision...more
Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee's lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover...more
Weintraub attorneys Scott Hervey and Jessica Marlo explore the US Olympic Committee's lawsuit against Prime Hydration, co-founded by Logan Paul, for using Olympic trademarks in their ad campaign with Kevin Durant. Discover...more
Tracy Anderson, the mastermind behind the Tracy Anderson Method, sued ex-trainer Megan Roup for allegedly stealing her routines and licensing them to Equinox. The US District Court just ruled against Anderson’s copyright...more
This week on “California Employment News,” Shauna Correia joins Entertainment attorney Scott Hervey on “The Briefing” to discuss the FTC's recent final rule banning post-employment non-compete clauses and how it will affect...more
This week on “California Employment News,” Shauna Correia joins Entertainment attorney Scott Hervey on “The Briefing” to discuss the FTC's recent final rule banning post-employment non-compete clauses and how it will affect...more
Did Scarlett Johansson's voice inspire 'Sky'? Scott Hervey and Jamie Lincenberg of Weintraub Tobin unpack the controversy between Scarlett Johansson and OpenAI's Chat GPT. Explore potential legal claims and the intricacies...more
Did Scarlett Johansson's voice inspire 'Sky'? Scott Hervey and Jamie Lincenberg of Weintraub Tobin unpack the controversy between Scarlett Johansson and OpenAI's Chat GPT. Explore potential legal claims and the intricacies...more
The recent decision on Hayden vs. 2K Games is a big win for video game publishers. Dive into the fascinating world of copyright disputes over tattoos in video games. Scott Hervey and Jamie Lincenberg from Weintraub Tobin...more
The recent decision on Hayden vs. 2K Games is a big win for video game publishers. Dive into the fascinating world of copyright disputes over tattoos in video games. Scott Hervey and Jamie Lincenberg from Weintraub Tobin...more
How “knockoff” furniture landed Kim Kardashian in an IP lawsuit
Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While...more
5/3/2024
/ Brand ,
Celebrities ,
Celebrity Endorsements ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Endorsements ,
Entertainment Industry ,
Entrepreneurs ,
Kim Kardashian ,
Knockoffs
How “knockoff” furniture landed Kim Kardashian in an IP lawsuit
Kim Kardashian faces a lawsuit from the Donald Judd Foundation for allegedly using and promoting knockoff furniture in her office tour video. While...more
5/3/2024
/ Brand ,
Celebrities ,
Celebrity Endorsements ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Endorsements ,
Entertainment Industry ,
Entrepreneurs ,
Kim Kardashian ,
Knockoffs
Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court's ruling on whether displaying...more
Discover how truth became the ultimate defense in the legal battle between Cynthia Love and Kanye West. Join Scott Hervey and Eric Caligiuri from Weintraub Tobin as they unpack the court's ruling on whether displaying...more
The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more
The rise of Deepfakes is a growing concern within the entertainment industry. Scott Hervey and Jamie Lincenberg discuss this and the intersection between free speech and protected rights on this episode of The Briefing....more
As Scott Hervey previously wrote on the IP Law Blog, a tattoo artist won a copyright lawsuit against a video game publisher for showcasing an athlete with their tattoo design in a game. Scott and Josh Escovedo discuss the...more
As Scott Hervey previously wrote on the IP Law Blog, a tattoo artist won a copyright lawsuit against a video game publisher for showcasing an athlete with their tattoo design in a game. Scott and Josh Escovedo discuss the...more