Weintraub Tobin

Weintraub Tobin is an innovative provider of sophisticated legal services to dynamic businesses and business owners. We have five offices across California: Los Angeles, Newport Beach, Sacramento, San Diego, and San Francisco.

This week on The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss the copyright lawsuit over a Black Mirror episode starring Miley Cyrus, the plot of which filmmaker Geoffrey Blair Hajim said was lifted from his film “Strange Frame: Love and Sax.” View the episode on the Weintraub Tobin YouTube channel, here. Listen to the podcast, available on Apple/Spotify/Stitcher/Google platforms or online here.…
Over the past few weeks, there have been a number of news articles and stories about police officers playing popular music during a citizen/officer interaction that is being filmed by the citizen.  For example, Vice reported on a Beverly Hills police officer breaking out his phone and playing over a minute of Sublime’s “Santeria” when the officer discovered that his interaction with a well-known LA-area activist was being live-streamed by the citizen via Instagram.  Similarly, Mashable reported that an Alameda County Sheriff’s deputy played a Taylor Swift song during an encounter.  Why is this happening?  There seems to be a…
In recent years, the Supreme Court has decided a number of cases, including Bilski v. Kappos, Mayo Collaborative Servs. v. Prometheus Labs., Ass’n for Molecular Pathology v. Myriad, and Alice Corp. v. CLS Bank Int’l, which involve the limits on patent eligibility under 35 U.S.C. § 101.   For example, in Alice, the court stated “[t]he ‘abstract ideas’ category embodies the longstanding rule that an idea of itself is not patentable.” The Supreme Court further recognized that “laws of nature, natural phenomena, and abstract ideas” are not patent-eligible subject matter under 35 U.S.C. §101. To determine whether claims are patent-eligible the…
In this week’s episode of The Briefing by The IP Law Blog, attorneys Scott Hervey and Josh Escovedo discuss the trademark litigation between Nike and a custom shoe maker, MSCHF (pronounced “Mischief”). In Nike Inc. v MSCHF Product Studio, Inc., Nike sued MSCHF over unauthorized versions of the Nike Air Max 97 featuring satanic imagery. The shoes were tied into marketing by Rapper Lil Nas X, and all 666 pairs created by MSCHF were sold. Watch the episode on YouTube at this link. An audio version of this episode can be found on “The Briefing from the IP Law…
Loud parties, surveillance cameras, and a neighbor dispute? The Court of Appeal for the Second Appellate District in California was recently faced with these issues in a case involving claims that one neighbor’s use of surveillance cameras violated the other neighbor’s right to privacy. The fact that one of the defendants was comedian, Kathy Griffin, only added to the case’s interest. In the end, the Court sided with Ms. Griffin and her boyfriend in the case: Mezger v. Bick, et al. (decided July 1, 2021). Ms. Griffin and her boyfriend, Randy Ralph Bick, Jr., moved next door to Sandra and…
In this week’s episode, Josh Escovedo and Scott Hervey discuss an update to the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). They provide a recap of last week’s episode, which covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. That decision overturned a lower court decision in favor of the Warhol Foundation. This week, Scott and Josh discuss the possible impact of the Supreme Court…
Britney Spears says so.  After thirteen years of conservatorship, on June 23, 2021, Britney appeared remotely at her conservatorship hearing and relayed her emotional plea to the judge to terminate her conservatorship without the need for any further evaluation. The June 23, 2021, Hearing: ”I’m [Not] A Slave 4 U” At the hearing on June 23, 2021, and after years of relative silence, Britney expressed to the judge that she felt that the conservatorship was “abusive” and that she wanted her life back.  According to partial transcripts of the court proceeding, Britney stated that she wanted the ability to make…
Patents protect inventions.  However, patents protect only certain inventions.  In order to be patentable, an invention must fall within one of four categories of patent-eligible subject matter: articles of manufacture, machines, processes, and compositions of matter. 35 U.S.C. §101.  There are some things that are not patentable (i.e. are patent-ineligible subject matter): laws of nature, natural phenomena, and abstract ideas. In 2014, in Alice Corp. Pty. Ltd. v. CLS Bank International, 573 U.S. 208, 216, 219 (2014), the Supreme Court established a two-part test to determine whether an invention is patent-eligible.  In the first step, a determination is made as…
Planning for the end of one’s life, or potential incapacity, is probably something an individual in their 20’s, 30’s, or even 40’s does not want to contemplate.  Even those in their later years might find it a difficult topic to discuss.  However, there are several important reasons why one should strongly consider having a Will prepared, and perhaps other estate planning documents, such as an Advance Health Care Directive or Durable Power of Attorney for Financial Management, despite their being a member of Generation X, Y, or Z.  These scenarios are based on personal experience with cases handled by me…
In this week’s episode, Josh Escovedo and Scott Hervey discuss the litigation over Andy Warhol’s series of portraits of the artist Prince (Andy Warhol Foundation v Goldsmith). Their discussion covers the Second Circuit decision in favor of Goldsmith, the photographer whose image Warhol used to create the Prince Portraits, and the holding that Warhol’s renditions were not transformative enough to be fair use. The decision overturned a lower court decision in favor of the Warhol Foundation. Production Note: This episode includes a discussion of the high-profile litigation between the artist Shepard Fairey and the Associated Press over Fairey’s iconic “Hope”…