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The Briefing: Frida Kahlo vs. The 11th Circuit – A Warning for IP Owners Everywhere

By Scott Hervey & Richard Buckley on May 1, 2026
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Can sending a cease-and-desist letter land you in court across the country? In this episode of The Briefing, Scott Hervey and Richard D. Buckley, Jr. break down a major Eleventh Circuit decision involving the Frida Kahlo brand and the risks tied to aggressive IP enforcement.

In this episode, they cover:

  • When cease-and-desist letters cross the line into tortious conduct
  • How the corporate shield doctrine can fail when personal rights are asserted
  • Why the “effects test” can pull IP owners into out-of-state litigation

Tune in for a clear look at how a single demand letter can determine where you end up litigating.

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

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Photo of Scott Hervey Scott Hervey

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving…

Scott Hervey is a corporate and intellectual property attorney at Weintraub Tobin who works with companies in a variety of different industries. His clients include wineries, restaurants, technology companies, and entertainment/new media ventures. Scott has led his clients through hundreds of matters involving complex acquisitions, licensing, financings, and other transactions. He also assists clients in protecting their valuable brands through trademark infringement litigation, domain name infringement arbitration, and proceedings before the United States Patent and Trademark Office and Trademark Trial and Appeals Board. He discusses IP Law topics on the weekly video series The Briefing.

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Photo of Richard Buckley Richard Buckley

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships…

Richard Buckley is a shareholder in the Firm’s Litigation practice group. In his 25-plus-years as a litigator, Richard has served as lead counsel in hundreds of matters and has served a wide variety of clients, including professional sports arenas and teams, automotive dealerships, commercial real estate landlords and tenants, event marketers, manufacturers, a market research firm, entertainers and real estate developers.

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  • Posted in:
    Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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