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The Briefing: Brandy Melville vs. Shein -When Copying Photos Isn’t Trademark Infringement

By Scott Hervey & Tara Sattler on June 12, 2026
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In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Tara Sattler discuss the court’s ruling, where Brandy Melville’s trademark claims fell short, and whether a different trademark argument could have changed the outcome.

They cover:

  • Why the court treated the copied photos as a copyright issue, not a trademark issue
  • What Brandy Melville needed to show to support its trademark claims
  • How brands should think about protecting product images, marketing content, and visual identity online

Tune in for a clear look at where copyright protection ends and trademark law begins.

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 Tara Sattler Tara Sattler

Tara Sattler is a shareholder in the Firm’s Entertainment group and serves as an ex-officio member of the Firm’s Managing Board.  Tara represents Oscar, Emmy, and Grammy Award winning clients. Her practice is focused on representing production companies, producers, financiers, and content creators…

Tara Sattler is a shareholder in the Firm’s Entertainment group and serves as an ex-officio member of the Firm’s Managing Board.  Tara represents Oscar, Emmy, and Grammy Award winning clients. Her practice is focused on representing production companies, producers, financiers, and content creators across various media, including film, television, audio, and digital spaces. Her expertise encompasses all of the phases of development, financing, production, and distribution of scripted and non-scripted content for all budget levels. Tara emphasizes providing advice to her clients in every stage of their entertainment industry endeavors, which includes comprehensive representation on groundbreaking partnerships, arrangements, experiences, and agreements.

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

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