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The Briefing: Did Yellowstone Steal Sovereign Nation? Breaking Down the Taylor Sheridan Copyright Fight

By Scott Hervey & Richard Buckley on September 18, 2026
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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 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 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:
    Communications, Media & Entertainment, Intellectual Property
  • Blog:
    The IP Law Blog
  • Organization:
    Weintraub Tobin
  • Article: View Original Source

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