The Briefing: Taylor Swift, Trademark Law, and the Fight Over ‘Life of a Showgirl’
March Madness or Trademark Madness? The NCAA v. DraftKings Lawsuit
The Briefing: Why Lady Gaga Beat a Trademark Injunction Over “Mayhem”
The Briefing: The 2026 Forecast: Resolving Some of the Entertainment Industry’s Open Legal Issues
The Briefing: New York Times v. Perplexity AI: Copyright, Hallucinations, and Trademark Risk
(Podcast) The Briefing: Soup for Change - Campbell’s Sues a Congressional Candidate
The Briefing – Soup for Change: Campbell’s Sues a Congressional Candidate
NFTs on Trial: The Yuga Labs Verdict and What It Means for the Digital Frontier — The Crypto Exchange Podcast
The Briefing: Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court
(Podcast) The Briefing - Neil Young vs. Chrome Hearts: When Rock Meets Runway in Court
(Podcast) The Briefing: Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?
The Briefing: Is the Bored Ape Yacht Club Trademark Claim Just Monkey Business?
Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
U.S. Eleventh Circuit Court of Appeals - Kahlo v. Pinedo - personal jurisdiction, trademark, corporate shield - Joyce v. Forest River - Fla Lemon Law, arbitration, review - USA v. Martinez - Maritime Drug Law...more
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...more
Few brands have matched the impact Rolex has had on the evolution of horology. From the 1926 debut of the “Oyster,”[1] the world’s first waterproof case, to the perfection of the “perpetual self-winding rotor”[2] in 1931,...more
False and misleading advertising campaigns can have significant consequences for competitors. Whether a company’s deceptive practices relate to its own products or services, a competitor’s products or services, or a...more
The US Court of Appeals for the Federal Circuit affirmed dismissal of a trademark opposition, concluding that a single DuPont factor may be sufficient on its own to support a finding of no likelihood of confusion....more
My kids recently watched an episode of Nickelodeon’s teen sitcom Sam & Cat, starring Jennette McCurdy and Ariana Grande. Yes, it really was my kids who turned it on. I was in the other room working....more
Online marketplaces create enormous opportunities for businesses to attract more customers and sell in previously unreachable markets. But the ecommerce landscape also makes it easier for counterfeit goods and unauthorized...more
Many readers will be familiar with the viral kid’s song “Baby Shark,” with its catchy, sing-along refrain. In an unexpected legal crossover, the tune recently surfaced in a Second Circuit case about the use of email to serve...more
The Theory of Dilution Crosses the Pond - The origin story for the cause of action of “dilution” in the United States begins with Frank Schechter’s 1927 Harvard Law Review article, Rational Basis of Trademark Protection....more
Can you use “March Madness” without getting sued? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Jessica Marlow break down the NCAA’s lawsuit against DraftKings and the high stakes fight over one...more
The Women's National Basketball Association "abused its monopolistic control" of women's pro basketball when it allowed the Connecticut Sun to be sold to an owner who is moving it to Houston, Sen. Richard Blumenthal, D-Conn.,...more
Third-party trademarks and products show up in motion pictures and television productions in all sorts of ways. Cameras pan down busy urban streets with restaurant, retail signage, and billboards on both sides. Characters...more
The Trademark Trial and Appeal Board (“TTAB”) is currently reviewing a case centered on video rental company Blockbuster, which has the potential to significantly widen the scope of trademark dilution protection by allowing...more
Brackets are set. Bets are placed. As the biggest college basketball game of the year tips off this weekend, fans across the country will be wagering on the outcome of the FINAL FOUR® after the NCAA lost an initial bid to...more
Consider the following scenario: you have just landed on a new brand name for your business or product. However, you discover that another business is already using it, but has not obtained a federal trademark registration....more
Klutch Sports Group is a well-known sports management company that was founded in his home city by Cleveland native Rich Paul and that represents – most famously – LeBron James (also born and raised in Ohio). Klutch Sports...more
Ninth Circuit affirms dismissal of trademark infringement suit by actor in play Diary of a Mad Black Woman against Tyler Perry, holding that use of actor’s name in credits of filmed version of play was nominative fair use...more
Taylor v Killer Queen LLC [2026] HCA 5 - The lengthy trade mark dispute between Australian fashion designer, Katie Perry (now Katie Taylor), and international pop sensation Katheryn Hudson, better known under the stage name...more
The end of February and beginning of March delivered a flurry of decisions that, taken together, tell one story: the rules governing brand names and creative content are being redrawn by courts—from district courts up to the...more
A Walt Disney Co. gaming executive accused the company in CA state court of discriminating and retaliating against him after he complained about a human resources executive contacting his executive coach to "dig up dirt,"...more
The National Collegiate Athletic Association (“NCAA”) has filed a federal trademark lawsuit against DraftKings, Inc. alleging unauthorized use of the NCAA’s iconic basketball tournament trademarks, including MARCH MADNESS®,...more
The High Court of Australia has handed down its highly anticipated decision in Taylor v Killer Queen LLC [2026] HCA 5 in a narrow 3-2 majority, ending a decade-long trade mark battle between American pop star Katy Perry (born...more
The Internet Corporation for Assigned Names and Numbers (ICANN) is preparing to open the first new round of generic top-level domain (gTLD) applications since 2012. Following its approval in late 2025 of an updated Applicant...more
Operation Bluebird Inc. is attempting to take flight with its rival social media platform — "twitter.new" — by asking the U.S. Patent and Trademark Office to find that Elon Musk's X Corp. has abandoned its "Twitter" and...more
Denial of a motion to dismiss a "cage free" eggs lawsuit, updates on marketing plant-based products with meat- and dairy-related terms in Europe, dismissal of a lawsuit alleging a restaurant's salsa was excessively spicy, and...more