Browse below for news, legal insights, information on presentations and events, and other resources from the Weintraub Tobin legal team.
Published: June 29, 2022
Weintraub Tobin is pleased to announce that Alison E. Geddes has joined the firm as a shareholder in the Real Estate group. She will be based in Weintraub’s Sacramento office.
Published: June 28, 2022
Weintraub Tobin was proud to partner with Syserco, Inc. as a sponsor in the 7th Annual Golf for Kids’ Sake charity golf tournament on June 15, 2022.
The tournament, held in Livermore, CA, benefitted the Big Brothers Big Sisters of the Bay Area, raising over $157,000 to help support Bay Area youth. The proceeds help defend children’s potential with professionally supported mentorships throughout all nine Bay Area counties. 144 golfers attended the event, which featured a driving range, mini golf challenge, and golf pro-Patrick Bakerjian.
Published: June 24, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute, in which the heirs of the author who inspired the movie “Top Gun” claim that the film’s sequel infringes on their copyright to the story.
Published: June 23, 2022
Actor and comedian Cheech Marin donated 500 pieces from his singular art collection to create a new museum in Riverside, CA. The Cheech Marin Center for Chicano Art and Culture opened on June 18, 2022, and is the first major museum dedicated to Chicano art and culture in the United States.
Published: June 21, 2022
In this episode of California Employment News, Lukas Clary and Meagan Bainbridge discuss the U.S. Supreme Court decision in Viking River Cruises, Inc. v Moriana holding that the Federal Arbitration Act (FAA) preempts the California law precluding division of individual and non-individual Private Attorneys General Act (PAGA) actions for purposes of compelling arbitration. Not only is arbitration of individual PAGA claims now in play, but employees may not have standing to pursue non-individual PAGA actions in court.
Watch this episode on the Weintraub YouTube channel here.
Listen to this podcast episode here.
Published: June 17, 2022
In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo provide an update on the copyright infringement dispute between a paparazzo and Emily Ratajkowski, and discuss the settlement’s implications for Fair Use.
Published: June 16, 2022
Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. The Ninth Circuit recently tackled this issue in AK Futures LLC v. Boyd Street Distro, LLC (decided May 19, 2022), a case that involved e-cigarette and vaping products derived from cannabis.
Published: June 15, 2022
The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal Arbitration Act (FAA) preempts a rule of California law that invalidates contractual waivers (e.g. arbitration agreements) of the right to assert representative claims under California’s Private Attorneys General Act (PAGA).
Published: June 10, 2022
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.
Published: June 9, 2022
A design patent protects a new, original, ornamental design for an article of manufacture. 35 USC section 171. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Those aspects are the shape or configuration of an article (like the shape of a bottle or a vase), the surface ornamentation on the article (like a painting on the bottle or vase), or a combination of both. The design must be a design for a specific article; it cannot exist independently of the article. The must be visible during normal use of the article; it cannot be concealed.
