Intellectual Property

In this week’s episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the Cleveland Indian’s attempt to rebrand as the Cleveland Guardians, and the complications that arose surrounding the new trademark. Watch the episode on the Weintraub YouTube Channel, here. Listen to the podcast of this episode on your favorite platform or online, here.
The Los Angeles Clippers and Intuit have entered into a 23-year naming rights agreement whereby the Clippers have agreed to name their new $1.8 billion arena in Inglewood, California, the Intuit Dome. The arena is currently under construction just south of the new SoFi Stadium and the Hollywood Park development. It is scheduled to open in 2024. According to the Clippers’ Steve Ballmer, the Clippers wanted a naming-rights partner who could match their passion for technology and the pursuit of innovation, and they seem to have found exactly that in Intuit, makers of financial software like QuickBooks and TurboTax. As…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss an intellectual property dispute between the San Diego Gulls Hockey Club and ECHL, Inc. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here. Read more about the dispute, here.  …
Last month the District Court for the Central District of California granted the defendant’s motion for summary judgment in the case San Diego Gulls Hockey Club, LLC v ECHL, Inc.. The league’s win resolves the league’s potential indemnity obligation to the hockey team, the Gulls.  This case presents a cautionary story for transactional attorneys. This dispute arises out of a 2015 transaction between the league and an entity formed to become the San Diego Gulls hockey team, which included the assignment of certain trademarks, including a logo, to the team.  The assignment agreement specifically referenced three federal trademarks and all…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a defamation lawsuit filed by a former Manhattan prosecutor against Netflix over her portrayal in the “When They See Us” series. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.…
Global fashion brand Nine West recently filed a Notice of Opposition with the Trademark Trial and Appeal Board contesting the registration of the mark “Nina West” by a company owned by Andrew Levitt, drag name Nina West. Nine West, popular for its shoe, handbag, and accessory lines, filed for bankruptcy in 2018.  It was acquired by Authentic Brands Group (“ABG”), which also owns the brands Brooks Brothers, Forever 21, and Reebok, among others.  ABG filed the Notice of Opposition on Nine West’s behalf. Nina West is a drag queen who rose to national prominence on the eleventh season of RuPaul’s…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a legal dispute between the Prince estate and an Ohio-based winery over the rights to the trademark “Purple Rain.” Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.…
In ruling on motions to dismiss and motions for summary judgment, courts have found a number of patents ineligible under 35 U.S.C. § 101 as a matter of law.  However, in Berkheimer v. HP, the Court of Appeals for the Federal Circuit indicated that in certain instances, the determination of patent eligibility under § 101 involves questions of fact and thus are questions for juries. In Berkheimer, Mr. Berkheimer sued HP for infringing U.S. Patent No. 7,447,713 (the “’713 patent”), which covers “digitally processing and archiving files in a digital asset management system.”  Arguing that certain claims were patent-ineligible under…
In this week’s episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the NCAA’s recent policy change which allows college athletes to monetize their NIL, as well as potential downsides to the new policy. Watch the full episode on the Weintraub YouTube channel, here. Listen to the podcast of this episode on your favorite platform or online, here.…
Calling it a “ball of confusion,” the Ninth Circuit recently considered a case involving the music of the Turtles, SiriusXM Satellite Radio, and whether royalties are owed under California copyright law for music dating prior to 1972. In doing so, the Ninth Circuit reviewed nearly 200 years of copyright law to reach its conclusion. In a lawsuit that was originally filed in 2013 titled, Flo & Eddie, Inc. v. Sirius XM Radio, Inc., the Ninth Circuit confronted the issue of “whether digital and satellite radio stations have a duty to pay public performance royalties for pre-1972 songs under [California] copyright…