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Is The Server Test Ready for a Reboot?

It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Podcast: The Briefing by the IP Law Blog - Seattle Space Needle Pokes at Local Coffee Shop's Logo [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe's use of the Space needle's...more

The Briefing by the IP Law Blog: Seattle Space Needle Pokes at Local Coffee Shop's Logo [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark infringement dispute between the Seattle Space Needle and a local coffee shop over the cafe's use of the Space needle's...more

The Briefing by the IP Law Blog - What Makes a Character Protectable Under Copyright [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection...more

The Briefing by the IP Law Blog: What Makes a Character Protectable Under Copyright [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection...more

Podcast: The Briefing by the IP Law Blog - THE Ohio State University Registers "The" as a Trademark [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University's trademark registration for the word THE. ...more

The Briefing by the IP Law Blog: THE Ohio State University Registers "The" as a Trademark [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University's trademark registration for the word THE. ...more

Podcast: The Briefing by the IP Law Blog - 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF... [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and...more

The Briefing by the IP Law Blog: 2nd Circuit to Determine if Rogers Test Fits Shoe Trade Dress Dispute Between MISCHF and Vans [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and...more

MSCHF Looks to the 2nd Circuit to Get Out of Trouble with Vans

In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that...more

The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize...more

Podcast - The Briefing by the IP Law Blog: Update – Andy Warhol Foundation Urges Supreme Court to Reverse Fair Use Decision [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize...more

Podcast - The Briefing by the IP Law Blog: Top Gun Maverick – Right Into The Copyright Lawsuit Zone [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their...more

The Briefing by the IP Law Blog: Top Gun Maverick – Right Into The Copyright Lawsuit Zone [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their...more

The Briefing by the IP Law Blog: What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications...more

Podcast: The Briefing by the IP Law Blog - What The Settlement of Ratajkowski/Paparazzi Copyright Lawsuit Means For Fair Use [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications...more

Podcast: The Briefing by the IP Law Blog - Judge Throws a Flag on the Play in USFL IP Litigation [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. ...more

The Briefing by the IP Law Blog: Judge Throws a Flag on the Play in USFL IP Litigation [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. ...more

Podcast: The Briefing by the IP Law Blog - The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol,... [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the...more

The Briefing by the IP Law Blog: The Supreme Court Grants Certiorari in Copyright Infringement Action Involving Warhol, Prince,... [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a photographer’s copyright infringement action against the Andy Warhol Foundation, over several Warhol paintings that utilize the...more

Podcast: The Briefing by the IP Law Blog - Senator Hawley Targets Disney with So-Called Copyright Reform Bill [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. ...more

The Briefing by the IP Law Blog: Senator Hawley Targets Disney with So-Called Copyright Reform Bill [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. ...more

Podcast: The Briefing by the IP Law Blog - An Idea Doesn’t Have to be Novel to be Stolen (In California) [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. ...more

5/20/2022  /  Idea Theft , Novelty

The Briefing by the IP Law Blog: An Idea Doesn't Have to be Novel to be Stolen (In California) [Video]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. ...more

5/20/2022  /  Idea Theft , Novelty

Podcast: The Briefing by the IP Law Blog - Jerry West Thinks His Portrayal in HBO’s “Winning Time” is a Loser [Audio]

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”. ...more

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