Scott Hervey is an Entertainment, Intellectual Property, and Business attorney who works with companies in a variety of different industries.
He represents traditional entertainment and digital media companies, technology companies, early-stage investors, and all varieties of brand-driven enterprises in financing, mergers, acquisitions, licensing, and other general business transactions.
Scott’s Entertainment practice is primarily in the area of television and digital media. Scott regularly represents studios, television production companies, producers, directors, writer/showrunners in a wide variety of transactions, including network negotiations, development deals, and all forms of rights acquisitions. Scott is the co-lead of the Firm’s Business & Legal Affairs group, which provides outsourced comprehensive business, legal, and production affairs to clients requiring either a full-service solution or an interim/project-based solution. For more information on Scott’s scope of Business & Legal Affairs services, please click here.
In the area of emerging media, Scott represents investors, venture capital funds, and emerging growth companies in financing transactions. Scott also represents top digital media content creators, digital media studios, YouTube Networks, and other new technology companies in a wide variety of matters, including acquisitions, production, clearance, and general business matters. Scott previously served as the acting business affairs director for the publicly traded digital content company Digital Music Group, Inc. (now The Orchard).
Scott has extensive knowledge and experience in trademark law. He has represented clients in domestic and international trademark registration and enforcement in a variety of industries such as legal cannabis, cosmetics and beauty, fitness, gaming, entertainment and hospitality, wine and spirit brands, medical devices, and sports and entertainment.
Scott was featured in Variety’s 2014 Legal Impact Report and has been listed as a “Super Lawyer”® in Intellectual Property on numerous occasions. He was a professor of entertainment law at King Hall law school, U.C. Davis, and regularly speaks at various industry events about digital media. Scott serves on the Hollywood Radio and Television Society (HRTS) board of directors and is the co-chair of HRTS Unscripted Content Group.
Scott is a frequent contributor to The IP Law Blog. With fellow IP attorney Josh Escovedo, Scott hosts The Briefing from the IP Law Blog, a YouTube series and podcast on current trademark, copyright, and patent law, as well as IP litigation and intellectual property in the news.
State Bar of California, Business Law, and Intellectual Property Law Sections and Trademark Subcommittee
Member
Awards
JD Supra Readers’ Choice Top Author Award – Trademarks, 2022
Southern California Super Lawyer, 2014, 2015, 2017, and 2018
J.D., with distinction, University of the Pacific, McGeorge School of Law, 1995
B.A., California State University, Northridge, 1992
Weintraub attorneys Josh Escovedo and Scott Hervey were speakers for the IP Year in Review Webinar co-hosted by The SCBA Intellectual Property Law Section and the Intellectual Property Student Association of McGeorge School of Law.
Summary of Program Join a panel of Weintraub Tobin attorneys and Touchdown Ventures venture capitalists to discuss the preliminary work that must be done before looking for investment and the details of seed and A round financing.
Intellectual Property/Entertainment attorney Scott Hervey will serve as the moderator for “Digital DIY: The New Wild West” at Westdoc 2013 on Tuesday, September 17. Panel Description Not everyone is using iTunes to sell their content online. Hear about alternative distribution avenues that will blow your mind. How are DIY sites…
Join us July 23!Weintraub Tobin and LAVA Digital Media Group will host a conversation with Ethan Applen, the executive director of Media Camp, a Turner/Warner Brothers Initiative, on Tuesday, July 23th. The conversation will focus on the opportunities and challenges with owning a startup company and will include a demo…
Join Us April 23! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: “How Has Digital Media Changed the Way We Interact with Food” on Tuesday, April 23. Whether it’s finding a place to eat, sharing recommendations on your favorite dishes or ordering food online, investors…
Join Us March 26! Weintraub Tobin and the LAVA Digital Media Group will host a panel discussion: “The Role of Digital Media in Influencing Public Perception and Behavior” on Tuesday, March 26. Digital Media plays a significant role in creating and defining cultural norms and influencing individual behavior. Join our…
Weintraub Tobin and Moss Adams are co-sponsoring the LAVA Digital Media Group’s panel discussion: “What’s Ahead for Digital Media in 2013” on Tuesday, February 26. Making predictions in digital media can be challenging. At this time last year who even knew what Pinterest was, let alone that it would explode…
Three Weintraub attorneys will speak to wineries and winemakers about legal challenges for facility development, land management and business operations at two half-day seminars on Wednesday, November 9th and Thursday, November 17th. The seminar for the Motherlode & Northern California Wineries and Vineyards will cover recent trends and topics relating…
On September 15, 2008, intellectual property and new media shareholder Scott Hervey will speak at the annual UC Davis Entrepreneurship Academy. Scott will provide an informative review of intellectual property rights from a legal prospective.
The home renovation show Rock the Block, produced by Weintraub client Big Table Media, recorded its highest-rated season premier among women between the ages of 25 and 54 on March 6th. The show is now the top cable program among this age group, bringing in more than 5.7 million total…
Weintraub Tobin is pleased to announce that Weintraub has been recognized as the Top Trademark Law Firm and attorneys Scott Hervey and Josh Escovedo have been named Top Trademark authors in the 2023 JD Supra Readers’ Choice Awards. The Readers’ Choice Awards recognize authors and firms across 31 cross-industry topics…
New murder mystery series Poker Face is now available to stream on Peacock. The first four episodes of the 10-episode season release premiered on the streaming service on January 26, 2023. Poker Face is the first TV series from filmmaker Rian Johnson (Knives Out, Star Wars), who is the creator,…
In a January 25th article for The Optionist, Andy Lewis spoke with Weintraub shareholders Scott Hervey and Josh Escovedo about their video and podcast series “The Briefing by the IP Law Blog.” They addressed commonly asked IP questions and discussed cases currently making headlines. When asked whether former Lakers coach…
The Briefing by the IP Law Blog, a podcast and video series founded and hosted by Weintraub attorneys Scott Hervey and Josh Escovedo, releases its 100th episode on December 16, 2022. Launched in 2020, The Briefing posts weekly episodes covering current intellectual property issues related to trademark, copyright, entertainment, and…
Weintraub Tobin is pleased to announce that attorneys Scott Hervey and Josh Escovedo have been named as the top two Trademark authors in the 2022 JD Supra Readers’ Choice Awards. Scott Hervey, who ranked second in a pool of over 1,500 Trademark authors on JD Supra this year, is an…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a trademark dispute between UGG and an Australian shoemaker who attempted to sell a boot called “UGG”. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss how family members behind the fashion powerhouse Gucci may take legal action following the release of the film, House of Gucci. Listen to the podcast episode here. Watch this episode on the Weintraub YouTube channel: https://youtu.be/ZqqKiHC403s
Scott Hervey is quoted in Brian Lowry’s CNN article, Making TV Shows During Coronavirus is Taking More Time — and Money. Scott moderated a August 5 panel for the Hollywood Radio and Television Society (HRTS), where he is a board member. The panel, titled “Unscripted,” discussed the logistics of production…
Scott Hervey and Todd Stern’s client Matt Stawski will make his feature directorial debut with Universal Pictures’ Monster Mash. The film is set to be an original musical film. Stawski is a Grammy nominated music video director of Side Effects for Awesomeness TV. For more details, read the full article…
Topic will be – A Creator’s Guide to Fair Use and Rights Management In the ever-changing landscape of digital content, knowing how to navigate the legalities of using video or music you don’t own is tough. Experts Scott Hervey (Weintraub|Tobin) and Rian Bosak (SuperBam!) will walk you through fair use,…
Weintraub Tobin’s Scott Hervey moderated a Hollywood Radio & Television Society’s (HRTS) Unscripted Content Group panel discussion on Monday, December 4th to discuss the recent sexual harassment allegations circulating Hollywood. According to Deadline Hollywood, Hervey “asked first-rate questions.” The panelists discussed the liability a hypothetical production company carries when producing…
SACRAMENTO, CA (August 7, 2017) – Weintraub Tobin, a leading California full-service law firm, is pleased to announce that 21 Weintraub Tobin attorneys are Martindale-Hubbell rated. Out of the 21 attorneys, 19 have received the AV Preeminent® Rating by Martindale-Hubbell®, while three attorneys have been given the Distinguished rating. AV…
Veteran investigative reporter Bob Woodward conducted an audio interview of former President Donald Trump for Woodward’s book, Rage. Woodward later released these recordings as a separate audiobook. Trump claims that Woodward did not have his permission to release these audiotapes as a separate audiobook, and sued Woodard and his publisher…
As 2023 commences, it’s time for companies to review and take stock of their intellectual property assets. This applies to companies that have never taken serious steps to protect intellectual property and companies that understand the value of intellectual property and take active steps to secure and protect those assets.
A jury in the District Court for the Southern District of Illinois in the case of Alexander v. Take-Two Interactive Software found that the depiction of tattoos on wrestler Randy Orton in a video game published by Take Two Interactive infringed the tattoo artist’s copyright in the tattoos. In this…
It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by the 9th Circuit in Perfect 10, Inc. v. Amazon.com Inc., now…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.” Watch this episode on the…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University’s trademark registration for the word THE. Watch this episode on the Weintraub YouTube channel here. Read more about this case on the IP Law Blog here. Listen to this podcast episode here:
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Vans and MSCHF, over MSCHF’s new sneaker line that contains “striking visual similarities” to Vans shoes and packaging. Watch this episode on the Weintraub YouTube channel here. Read more about this case on the IP Law…
In May, skater shoe company, Vans, persuaded a district court judge in NY to halt the pre-sale of a pair of shoes called Wavy Baby, the result of a collaboration of rapper Tyga and MSCHF, a Brooklyn-based design studio that was previously sued by Nike over its Satan Shoe collaboration with…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright dispute between a photographer and the Andy Warhol Foundation over several Warhol paintings that utilize the photographer’s images as source material. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the dispute between the original USFL and Fox, over the network’s attempt to revive the football league. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Senator Josh Hawley’s proposed copyright bill and its implications for the Walt Disney Company. Read more about this case on the IP Law Blog here. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss idea theft claims in California and whether the issue of novelty can be an element of the case. Read more about this case on the IP Law Blog here. Watch this episode on the Weintraub YouTube channel here. Listen…
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a dispute between Jerry West and HBO, over his portrayal in the Lakers docudrama “Winning Time”. Read more about this topic on the IP Law Blog, here. Watch this episode on the Weintraub YouTube channel here. Listen to this…
The U.S. Copyright Office instituted an inquiry into a registration relating to a graphic novel that uses AI-generated artwork. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Watch this episode on the Weintraub YouTube channel here. Listen to this podcast episode here:
Singer Rick Astley is suing rapper Yung Gravy for vocal imitation in his smash hit, Betty (Get Money). Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Cases discussed: Richard “Rick” Paul Astley vs. Matthew Hauri PKA Yung Gravy; Nick Seeley PKA Popnick; Dillon…
Getty Images filed a lawsuit against startup tech company Stability AI for allegedly scraping more than 12 million photographs from Getty Images’ portfolio without consent. Scott Hervey and Josh Escovedo discuss this case on this episode of The Briefing by the IP Law Blog. Cases discussed: Getty Images (US), Inc. v. Stability AI, Inc. Visual…
The jury hearing Hermes v. Rothschild found the artist’s ‘MetaBirkin’ NFTs constitutes trademark infringement and trademark dilution. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP Law Blog. Listen to this podcast episode here. Watch this episode on the Weintraub YouTube channel here: https://youtu.be/_L8KZtbrx0M
Journalist Bob Woodward conducted an audio interview with former President Donald Trump for his book ‘Rage’ and later released the tapes as its own audiobook. Now, Trump is suing for copyright infringement. Scott Hervey and Josh Escovedo talk about this case on this episode of The Briefing by the IP…
