Get into the holiday spirit with a look at some of the most unique Christmas patents ever filed. From Santa detectors to upside-down Christmas trees, Scott Hervey and Jamie Lincenberg explore festive inventions that add a little extra cheer to the season on this episode of The Briefing.

Watch this episode on the Weintraub YouTube channel.

The Terrifier franchise is one of the most unlikely independent horror success stories of the last 25 years. But a new lawsuit challenges how the first film was made and raises serious questions about performer consent and on-set protections. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down actress Catherine Corcoran’s lawsuit against the film’s producers and what it reveals about SAG-AFTRA requirements for nudity and simulated sex scenes.
In this episode, they cover:

• What a SAG nudity rider is and why it is legally required
• How consent must be disclosed, documented, and respected on set
• Why filming nudity without a signed rider can be deemed nonconsensual
• The risks producers face when still images or footage are reused without permission
• How intimacy coordinators and detailed riders protect both performers and productions

This case is a reminder that nudity riders are not a formality. They are a core safeguard in film and television production.

Tune in here for a clear look at how SAG protections, performer consent, and production liability intersect.

Did Coca-Cola cross the line by using a Johnny Cash soundalike in its nationwide “Fan Work is Thirsty Work” campaign? In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Richard Buckley unpack the Cash estate’s lawsuit and what it reveals about the evolving law of soundalikes.

• How Tennessee’s new Elvis Act expands protection for voices and vocal imitation

• Why the Cash estate is also asserting a Lanham Act false endorsement claim

• How Midler v. Ford and Waits v. Frito-Lay continue to shape soundalike disputes

• The line between imitating a musical “style” and misappropriating a distinctive voice

• What brands and agencies should consider before using tribute artists or AI vocals

Creators, beware: just because it’s online doesn’t mean it’s fair game. In this episode of The Briefing, Scott Hervey and Richard Buckley break down one of the most misunderstood areas of copyright law—fair use.

In this episode, they cover:

• What makes a use “transformative”?
• Why credit alone doesn’t protect you
• How recent court rulings (Warhol v. Goldsmith) are changing the game
• Tips to stay on the right side of the law

Watch this episode on YouTube or listen to this podcast episode here.

Who really owns your Thanksgiving traditions? In this special holiday edition of The Briefing, Weintraub Tobin partners Scott Hervey and Richard Buckley discuss how intellectual property law intersects with holiday food, recipes, and branding.

They explore:

• Why recipes usually aren’t protected by copyright
• The surprising trademarks behind holiday favorites like Turducken and Tofurky
• How brands use trademarks, trade dress, and storytelling to own a piece of the Thanksgiving season
• The rise of “Friendsgiving” as both a cultural phenomenon and a branding challenge

Whether you’re a lawyer, brand owner, or marketing professional, this episode offers valuable insight into how IP shapes the way we celebrate and sell the holidays.

In this episode of The Briefing, Scott Hervey and Richard Buckley break down Campbell Soup Co. v. Campbell for Congress, the lawsuit over a political candidate’s “Soup4Change” slogan and AI-generated soup can design. They cover the backstory, the trademark and First Amendment arguments, and how the Hershey case may influence the court’s view of political campaign branding. Tune in for a clear look at where trademark law meets political speech.

Watch this episode on YouTube.

After losing its anti-SLAPP motion, Warner Bros. has appealed in Roadrunner JMTC LLC v. Warner Bros. Television, the lawsuit brought by Michael Crichton’s estate claiming the new series The Pitt is an unauthorized derivative of ER.

In this episode of The Briefing, Weintraub Tobin attorneys Scott Hervey and Tara Sattler discuss:

• The background behind the ER “freeze clause”
• Warner Bros.’ First Amendment arguments under California’s anti-SLAPP statute
• The battle over what “derivative work” really means
• How the trial court handled the Katz declaration
• The broader implications for creative freedom and legacy IP

Watch this episode on YouTube.