Lady Gaga “Mayhem” Trademark Win: Did the Court Get It Right?

Does using copyrighted content to train AI make it fair use? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Thomson Reuters v. Ross Intelligence, the copyright dispute over Westlaw headnotes used to train a competing legal research tool. In this episode, they cover: Why Westlaw’s headnotes qualify for copyright protection How direct competition and market harm shaped the fair use analysis What the ruling means for content owners and AI developers, and why generative AI remains a separate question Tune in for a clear look at where AI training meets copyright protection and the limits of fair use.

Can a brand stop a creator from making fun of it? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down the lawsuit over Baseball Doesn’t Exist’s video mocking Cooperstown Dreams Park and why a federal judge dismissed the copyright and federal trademark claims. They explore: Why the video’s use of the park’s logo and promotional footage qualified as fair use How the Rogers test protected the creator’s trademark use after Jack Daniel’s What creators and brand owners should consider when criticism turns into litigation Tune in for a clear look at where brand protection meets the right to parody. Watch this episode on our YouTube or listen to the podcast here.

If AI generates something that looks like your work without crediting you, is that a DMCA violation? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down Doe v. GitHub and the Ninth Circuit’s ruling on AI-generated code and copyright management information. In this episode, they cover: Why similar AI output doesn’t necessarily prove copyright information was removed Why the court left claims about stripping credits during AI training unresolved What the ruling could mean for developers, musicians, writers, and other creators Tune in for a clear look at where AI-generated content meets the legal limits of copyright attribution.

The spokesperson looks real, but what if no human ever existed? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler break down SB 1050, California’s new law requiring disclosures when ads prominently feature synthetic performers. In this episode, they cover: When an AI-generated performer triggers a disclosure requirement Which exemptions apply, and why a movie trailer and a product tie-in ad may be treated differently Who faces liability and how brands can prepare their advertising workflows Tune in for a clear look at where AI-generated advertising meets real-world legal responsibility.

In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down the growing legal scrutiny around Polymarket, including allegations involving fabricated trading videos, undisclosed influencer payments, and coordinated reposting networks. In this episode, they cover: How undisclosed sponsorships and clipping networks raise FTC disclosure and consumer protection issues Why Polymarket’s prior CFTC consent order and new litigation could increase its legal exposure What the case could mean for creators, brands, and the broader debate over whether prediction markets are commodities or gambling Tune in for a clear look at where influencer marketing, consumer protection law, and prediction market regulation collide.

Did Yellowstone copy another television series, or are the similarities simply part of the modern Western genre? In this episode of The Briefing, Weintraub Tobin Partners Scott Hervey and Richard D. Buckley, Jr. break down Lauren Salkin’s copyright lawsuit against Taylor Sheridan and others over alleged similarities between Sovereign Nation and Yellowstone. In this episode, they cover: – The alleged similarities between Sovereign Nation and Yellowstone, from tribal sovereignty and land development to characters and key scenes – How the Ninth Circuit’s extrinsic test filters out ideas, facts, stock characters, and scènes à faire when evaluating copyright infringement – Whether the specific selection, arrangement, and sequencing of otherwise unprotectable elements could be enough to support Salkin’s claim Tune in for a clear look at where television similarities stop and protectable copyright expression begin

The trademark fight over Lady Gaga’s Mayhem era is over. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down the dismissal of Lost International’s lawsuit over the use of “Mayhem” on Gaga’s album, tour, and merchandise. They cover: Why the court dismissed Lost International’s complaint without leave to amend How the Rogers test applies when trademark claims collide with expressive works Why the ruling raises new questions after the Supreme Court’s decision in Jack Daniel’s v. VIP Products Tune in for a clear look at where trademark rights, creative expression, and branded merchandise collide.

Tyra Banks is suing Netflix over how her interview was edited in the documentary Reality Check: Inside America’s Next Top Model. In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara J. Sattler break down Banks’ defamation and false light claims, the release she signed before filming, and Netflix’s attempt to end the case under California’s anti-SLAPP law. In this episode, they cover: Why the release Banks signed could pose a major obstacle to her claims How California’s anti-SLAPP law allows defendants to challenge certain lawsuits before discovery What production companies should consider when drafting editing rights, choice-of-law provisions, and promotional-use language Tune in for a clear look at how participant releases and anti-SLAPP laws can shape disputes over documentary editing and portrayal.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Moore v. Daily Mail, a new class action alleging the publication copied photos from social media without permission and falsely credited platforms like Instagram instead of the actual creators. In this episode, they cover: How copying and rehosting social media images can lead to copyright infringement claims Why crediting Instagram instead of the photographer could create a separate DMCA claim How the case could turn a repeated image-sourcing practice into significant class action exposure Tune in for a clear look at how social media sourcing practices can turn into serious copyright and DMCA exposure. Watch this episode on our YouTube or listen to the podcast here.

When can a performer’s public criticism become a breach of contract? In this episode of The Briefing, Weintraub Tobin Shareholders Scott Hervey and Richard D. Buckley, Jr. break down Kennedy Center v. Redd, a dispute involving musician Charles Redd, a canceled performance, a morals clause, and D.C.’s Anti-SLAPP Act. In this episode, they cover: How D.C.’s Anti-SLAPP Act applied to Redd’s public statements Why the court dismissed the Kennedy Center’s breach of contract claims What the decision means for venues, studios, and producers relying on morals clauses in performer agreements Tune in for a clear look at what happens when contractual morals clauses collide with legal protections for public speech.