Scott Hervey

Apr 24, 2024 | ipwatchdog.com | Eileen McDermott |Steve Brachmann |Tim Pohlmann |Scott Hervey

“Because the [Supreme] Court now requires infringing conduct in domestic commerce to anchor any Lanham Act claim, none of Abitron’s purely foreign conduct—that is, foreign sales to foreign customers—can premise liability for Hetronic’s Lanham Act claims.” – Tenth Circuit opinionThe U.S. Court of Appeals for the Tenth Circuit issued a revised opinion on Tuesday in the case of Abitron v.

Mar 29, 2024 | lexblog.com | Scott Hervey

VIDEOIn this archive episode of “The Briefing“, Scott Hervey discusses a defamation dispute between Rachel Williams – a victim of con artist Anna Sorokin – and Netflix, over her portrayal in the docudrama “Inventing Anna.”Watch this episode on the Weintraub YouTube channel or listen to this podcast episode here.

Feb 2, 2024 | jdsupra.com | Scott Hervey

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels and the Rogers test. The Rogers test comes from the 1989 Second Circuit case Rogers v. Grimaldi.

Feb 1, 2024 | lexblog.com | Scott Hervey

The holding in the Supreme Court case, Jack Daniels Properties v VIP Products, the case of the infringing Bad Spaniels dog toy, limits the applicability of the Rogers test. A recent case in the Ninth Circuit, Punchbowl Inc v. AJ Press, addressed the interplay between the decision in Jack Daniels and the Rogers test. The Rogers test comes from the 1989 Second Circuit case Rogers v. Grimaldi.

Jan 31, 2024 | ipwatchdog.com | Scott Hervey

As we step into a new year, the landscape of influencer marketing is witnessing notable changes that impact both brands and talent due to recent updates to the Federal Trade Commission’s (FTC) Guide on Endorsements and Testimonials in Advertising. Let’s delve into the key insights shared in this informative episode of The Briefing by the IP Law Blog podcast.