IP Goes Pop

IP Goes Pop explores the interface between intellectual property(IP) and popular culture. Patents, trademarks, and copyrights are often referenced in popular movies, television and songs, but who owns the rights to creative expression? How long does a patent last? What makes a trade secret truly secret? Is the media getting it right when reporting on intellectual property issues? Hosted by intellectual property attorney Michael Snyder, with guest colleagues, inventors, writers, and creators, this lively, bi-weekly podcast discusses intellectual property with a pop-culture twist.

Halloween Spooktacular 3: Losing Your Monster 10/29/2024

Halloween Spooktacular 3: Losing Your Monster Have you ever wondered how your favorite Halloween monsters became pop culture icons? In this Spooktacular episode of IP Goes Pop!®, hosts Michael Snyder and Joseph Gushue dive into the fascinating legal stories behind Frankenstein, Dracula, and Zombies, revealing how intellectual property (IP) law shapes their enduring legacies. What to Expect: Frankenstein: Explore the evolution of Mary Shelley’s creation and how Universal Studios' iconic design—complete with neck bolts and green skin—became legally protected. Discover why retelling Shelley’s tale is fair game, but copying Universal's portrayal could lead to legal nightmares. Count Dracula: Learn about Bram Stoker’s 1897 novel and the epic copyright battle sparked by Nosferatu. Understand how this clash influenced vampire lore and led to the famous idea that sunlight turns vampires to ash, showcasing the lasting impact of unauthorized adaptations. Zombies: Uncover the public domain twist surrounding George A. Romero’s Night of the Living Dead, which redefined the zombie genre. See how this copyright mishap opened the door for filmmakers to innovate, leading to everything from the fast-paced ghouls of 28 Days Later to the comedic takes in Zombieland. Through these stories, Michael and Joe highlight the dual role of IP law in protecting creativity while inspiring fresh takes on beloved characters. Discover how the transition of these monsters into the public domain has unlocked endless opportunities for reinvention, proving that legal complexities can spark cultural magic. Whether you’re curious about the intersection of IP law and pop culture or just want to delve into the histories of these iconic monsters, this episode is packed with insights and eerie details. Tune in for a deep dive into the legal twists that keep these ghoulish figures alive (or undead) for generations! 🎙️👻 Connnect with IP Goes Pop! Request episode topics, and share your feedback with us on , or , and using the handle @volpeandkoenig. For notes and to explore more episodes, please visit . Key Moments & Quick Links: 0:39 Halloween Spooktacular III 2:34 Favorite Horror Monsters (1931) (2012) 5:40 Frankenstein's Monster (1931) , , (1994) 15:10 Dracula (1922) (1994) (1998) Francis Ford Coppola's (1992) Stephen King's (1979) 23:15 Zombies: From Folklore to Pop Culture (2002) (2004) (2009) George A. Romero's (1968) (1999) (2007) 25:38 Creativity from Legal Challenges 31:19 Final Thoughts and Halloween Wishes /episode/index/show/ipgoespop/id/33647747

Artificial Intelligence: A Deeper Dive into Pop Culture Part 2 08/07/2024

Artificial Intelligence: A Deeper Dive into Pop Culture Part 2 How are deepfakes—those eerily convincing, digitally altered images and videos—reshaping our world? Intellectual property attorneys Michael Snyder and Joseph Gushue dive back into the fascinating world of artificial intelligence (AI) and how it can affect, or even alter, intellectual property (IP) rights. From AI-generated songs mimicking megastars like Drake and The Weeknd to creating digital doubles of actors and extras in films the implications of these technologies are palpable. Michael and Joe break down “deepfakes” and how these technologies could lead to copyright violations and public relations nightmares. As they navigate these complex issues, they also discuss proposed solutions like digital watermarking, content authenticity tools, and legislative measures such as the No Fakes Act, which aims to regulate the use of AI-generated replicas. They emphasize the urgent need for updated laws to keep up with technological advances and protect IP and individual rights. The episode concludes with a look at the future of AI and its implications for intellectual property law, urging listeners to stay informed and skeptical of the content they encounter online as the AI landscape evolves and generates even more sophisticated and realistic fabrications. Tune in for a discussion that is both timely and critical in understanding the rapidly changing dynamics of technology, IP law, and creative expression. Listen to part one: . Key Moments: (2:01) Recap of Part One (4:07) Deepfakes in Pop Culture (16:14) AI in the Entertainment Industry (21:00) Speed, Scale, and Concerns of Advancements in Generative AI (25:29) Ethics in AI: Psychologist Chatbot (28:34) Future Risks and Considerations (33:25) Final Thoughts & "" For notes and to explore more episodes, please visit . Connnect, request episode topics, and share your feedback with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/32484942

Artificial Intelligence: Is Imitation Still Flattery? Part 1 07/11/2024

It’s Not Bragging If It’s True: The IP of TV Series “Suits” 06/11/2024

It’s Not Bragging If It’s True: The IP of TV Series “Suits” Put on your best suit and step into the world of TV legal dramas with podcast co-hosts, IP attorneys, and shareholders Michael Snyder and Joseph Gushue, as they guide you through the realities, quirks and possible departures from reality depicted in the TV show Suits. Whether you're a seasoned fan of Suits or have never watched an episode, this installment of IP Goes Pop!® has something for everyone. Michael and Joe lead off the episode by discussing TV shows that have focused on intellectual property law issues, such as Canada’s The IP Section and HBO’s Silicon Valley, which demonstrate the rare combination of comedy and law in practice together. The episode continues with an exploration of when and how they each discovered Suits and their initial impressions of its portrayal of the legal practice in general. Beyond the often-outrageous legal tactics that would surely never occur if Pearson-Specter were a real law firm, Michael and Joe break down the “how it would happen” scenarios in four different episodes of Suits that use intellectual property law cases to steer the plot. From unrealistic portrayals of the patent application process to the depiction of characters as legal experts in every area of law, Michael and Joe dissect IP-related inaccuracies and offer insight into IP attorneys' real-world expertise in securing protections for ideas. The hosts conclude with a reminder not to rely on fictional TV shows for legal advice and stress the importance of hiring licensed and experienced attorneys who actually specialize in the area of law where you may require assistance. Whether you're a legal enthusiast, a pop culture junkie, or just curious about how TV legal dramas stack up against real life, this episode delves into the intriguing world of Suits. Michael and Joe reveal the truth behind the fiction with humor and insights, providing a take on the legal realities often glossed over by Hollywood. Key Moments: 02:48 Television Shows that Focus on IP Law -- IP Goes Pop!® Season 2 EP 7 - 6:53 Suits TV Show 11:44 Patent Law in Suits Season 1 Episode 1 16:29 IP Dispute and Infringement in Suits Season 3 Ep 13 20:44 Patent and Fair Use in Suits Season 6 Ep 16 27:48 Copyright Case, Suits Season 8 EP 12 29:30 TV Show Legal Fictions (Suits and Beyond) 36:39 Final Thoughts For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/31687897

USPTO - History Matters 03/19/2024

Technohumanism 02/26/2024

Technohumanism Navigate the interface of IP and transformative technologies that can augment human capabilities, both in science fiction and emerging reality with Co-hosts, Shareholders, and Intellectual Property attorneys Michael Snyder and Joseph Gushue. If you're interested in intellectual property, bioethical dilemmas, the future of technology, or just love a good legal quandary set against a backdrop of pop culture, this episode is tailored for you. The hosts draw upon well-known figures such as DC Comics' Cyborg, Marvel's Winter Soldier, and the from to frame the discussion. They then discuss William Gibson in Neuromancer and the “ahead of its time” film adaptation Johnny Mnemonic, starring Keanu Reeves. Complexities around the patenting of bioengineered life forms and examining what distinguishes bioengineered entities (like synthetic insulin) from unpatentable naturally occurring elements are discussed. This includes Neurolink chips, currently safeguarded by patents, which hold the promise of revolutionary medical treatments and cognitive enhancements. Michael and Joe also highlight on questions of inventorship in an era where human augmentation might become a source of creativity or innovation. The ripples of this technological integration are touched on by principles outlined in the and , sparking a debate on the intersections between legal protocols for artificial intelligence and looming human technology augmentation. As Joe anticipates the normalization of AR and VR technologies with the introduction of , this conversation underscores the significance for pioneers to bravely adopt—and adapt to—these emerging innovations. Simultaneously, the episode ponders the legal frameworks that have yet to fully grapple with such advancements. So, put on your thinking caps, open a window in your Apple Vision Pro, or turn on your and stay curious about the future of IP and technology! Timestamps: 01:19 Defining Techno-Humanism 02:36 Exploring human-machine combination in comic book characters 06:58 Star Trek and The Borg Collective 09:29 Influence of William Gibson on Science Fiction 15:12 (1982) 20:04 Augmenting Human Bodies with Technology and Patenting Life Forms 29:34 Final Thoughts – Resistance is Futile For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/30082788

Lessons from Movies About Innovators 11/29/2023

Lessons from Movies About Innovators Get ready for a cinematic exploration of innovation and intellectual property as depicted in popular movies about inventors and creators. In this episode, IP Goes Pop!® co-hosts Michael Snyder and Joseph Gushue, peel back the layers of iconic movies that not only inspire us, but also shed light on the realities of building successful businesses and protecting ideas. Starting with 1988’s Tucker: The Man and His Dream, your hosts dive into the story of Preston Tucker and his revolutionary automobile, the Tucker 48. This tale not only epitomizes the spirit of disrupting the status quo but also draws parallels with modern auto-innovators like Tesla. Tucker's journey sheds light on the crucial role of patents in protecting groundbreaking ideas, emphasizing the continued real-world relevance of Tucker's innovations in today's automobiles. The episode next moves through the intricate mazes of copyrights, branding, and partnerships. The Social Network, which depicts the founding of Facebook, serves as a prime example of the potential legal pitfalls that can emerge in the creation of successful companies. It delves into the entangled web of legal battles and the importance of safeguarding ideas in the tech world. This evolution, of what is now known as Meta, highlights the necessity of meticulous contracts and legal representation at different stages of bringing an idea into the world. Another extraordinary origin story is that of the McDonald's franchise, as portrayed in The Founder. While the success of the McDonald's franchise demonstrates how effective branding and strategic IP licensing can catapult a company to global recognition, this cautionary tale of partnerships offers valuable lessons for businesses of all sizes. Ultimately the McDonalds brothers lost control of their company, their name, and their IP such as the “golden arches,” when they were outmaneuvered by an emboldened Ray Kroc and a “handshake” agreement. The film Flash of Genius draws attention to the pitfalls and triumphs of patent litigation. Lesson learned are especially valuable for inventors and creators, as it underscores the complexities of litigation, the importance of having competent legal representation, and the dangers of self-representation in intellectual property matters. Listeners will come away from this episode not only entertained but also enriched with a deeper understanding of the intersection between intellectual property and popular culture. Whether you're an entrepreneur, a legal professional, a student, or simply a movie buff, IP Goes Pop!® offers a captivating and educational experience that will entertain and inform. Don't miss out on this engaging and enlightening journey through the world of IP and movies! Starting points: 2:32 Disruption, Technology, and Patents in Tucker: The Man and His Dream (1988) 9:40 Copyright and Idea Protection in The Social Network (2010) 16:43 Branding, Trade Secrets, and Franchising in The Founder (2016) 25:04 The Case of Joy Mangano's Miracle Mop in Joy (2015) 28:55 Patents in Flash of Genius (2008) 34:16 Final Thoughts For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/28842763

I’m a Barbie Girl in an IP World 09/21/2023

I’m a Barbie Girl in an IP World This episode of IP Goes Pop!®, takes you on a journey through the iconic world of the Barbie universe and brand, exploring its deep-rooted connections with pop culture and intellectual property law. Hop in the dream car and journey with Volpe Koenig Shareholders and podcast hosts, Michael Snyder and Joseph Gushue to a land of pink corvettes, with a few pitstops at the United States Patent and Trademark Office (USPTO). Kicking off with a discussion of the recent cinematic triumphs of the Barbie movie released this year (2023), your hosts delve into how this classic brand has been brought to life on the big screen captivating audiences around the globe. Travel back in time to the inception of Mattel Toys to unravel the origin of Barbie, and the complex legal history behind the doll’s inception and success. Learn the true story behind the doll’s “inspiration.” Discover how storied brands like Barbie have been able to register colors with their trademarks along with the legal parameters and precedents for doing so. Listeners will navigate through the pivotal role of patents in safeguarding the Barbie doll brand, highlighting the contributions of rocket scientist turned toy doll inventor, John Ryan, and the key developments in toy doll mobility. Barbie’s IP journey continues with your hosts exploring a legal battle involving trade secrets, focusing on the fierce competition between Mattel and MGA Entertainment over the Bratz dolls. Here the focus is on the critical concepts of "work for hire," "non-disclosure agreements," and “exit interviews,” as keys to protecting trade secrets in any industry. Approaching the end of this enlightening journey, Michael and Joe explore the intersection of copyright law and the Barbie brand, analyzing the legal nuances of parody in copyright law through the lens of the infamous "Barbie Girl" song by Aqua and its repercussions in the legal world. They also touch upon the 2023 updated, “Barbie World” by Nicki Minaj and Ice Spice, which samples Aqua’s song, offering a fresh perspective on the ever-evolving relationship between pop culture and IP law. The episode wraps up with final thoughts on the complex yet fascinating relationship between the Barbie brand and all aspects of intellectual property law, celebrating the impressive achievements of Barbie in the world of IP. Tune in to this episode of IP Goes POP! and immerse yourself in the captivating (legal) world of Barbie, a brand that has left an indelible mark on both pop culture and the realm of intellectual property. Key Moments in this Episode: 1:44 3:46 7:58 IP in the Barbie Universe: Trademarks 12:05 IP in the Barbie Universe: Patents 19:05 IP in the Barbie Universe: Trade Secrets 24:20 IP in the Barbie Universe: Copyright 29:56 Final Thoughts For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/28100675

McGruff the Crime Dog® and the USPTO Help IP Goes Pop!® Take a Bite Out of Counterfeits 07/12/2023

McGruff the Crime Dog® and the USPTO Help IP Goes Pop!® Take a Bite Out of Counterfeits Hosts Michael Snyder and Joseph Gushue are joined by: Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Kathi Vidal; Executive Director of the National Crime Prevention Council, Paul DelPonte; and the legendary McGruff the Crime Dog®. Our guests share their insights on the impact of counterfeits on society, the economy, and individual safety. The panel kicks off with a discussion of public service characters and their roles in environmental awareness and education. The panel then explores the issue of counterfeit goods. Here, the panel considers the impact of counterfeit goods on children, society, how counterfeit goods can be connected to organized crime, and how IP is involved in combating this global problem. Director Vidal provides insights into the role of the USPTO in protecting consumers from the dangers of counterfeit goods and highlights the importance of educating consumers about the real-world risks associated with counterfeit products. Listeners will learn about the "" campaign, a joint initiative by the United States Patent and Trademark Office (USPTO) and the National Crime Prevention Council (NCPC), aimed at educating the public, particularly teens and tweens, about the risks associated with counterfeit products and the importance of making smart buying decisions and respecting intellectual property rights. Director DelPonte shares his experiences leading NCPC and the organization's efforts to promote greater civic engagement and public education on crime prevention. We hear from both him and McGruff about using the power of the internet to reach and empower a new generation to “Take A Bite Out Of Crime®.” You’ll learn about ways you, your colleagues, and even your kids can become “dupe detectives” and improve your ability to spot fakes. Produced by the United States Patent and Trademark Office; no copyright is claimed by the United States in this presentation or associated materials. Resources provided by the USPTO and NCPC: For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/27413262

You Can Patent That? 06/14/2023

You Can Patent That? Join co-hosts Michael Snyder and Joseph Gushue on a new episode of "IP Goes Pop!" that will leave you wondering "You can patent that?!". This episode focuses on a variety of curious and/or unusual patents, demonstrating the wide range of ideas that can result in an issued patent. From the surprising to the peculiar, this episode provides an overview of the “usefulness” threshold in United States patent law. “Listeners will learn about existing patents that are as bizarre as they are “useful,” and how anyone might have an idea that has “utility” and is therefore worthy of a patent. The episode begins with a discussion on the United States Patent Act, the cornerstone of patent law in the United States. Michael and Joseph break down some of the Patent Act's key provisions, focusing on the “utility” or “usefulness” requirement for patentability. The hosts then explore a series of unusual patents, each serving as a case study of this requirement. From a self-inflicted kicking device to an apparatus that allows one to simulate a high-five, to a banana case, listeners will marvel at the odd range of inventions that have been awarded patents. This episode also features patents that highlight the importance of protecting even the simplest of items and serves as a reminder that patent law is not just about groundbreaking technology, but also about practical solutions to everyday problems. The reach of patent law protection is broader than one might think. This episode of "IP Goes Pop!" is not just an exploration of the quirky side of patents. It's a celebration of human creativity and innovation, demonstrating that no idea is too outlandish or too trivial to be considered for patent protection. Whether you're an IP enthusiast, a pop culture aficionado, or just someone who enjoys the world of the bizarre, this episode is a must-listen. Tune in to be entertained, enlightened, and inspired to think outside the box- or perhaps patent the box itself. For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. Links to Patents Mentioned in this episode: “User-operated amusement apparatus for kicking the user's buttocks” “Apparatus for simulating a ‘high five’” “In-Car Coffee Maker" “Graffiti prevention apparatus” “Banana Protective Device “Beerbrella” “Safety system for removing rider from vehicle by deploying a parachute” “Method of Swinging on a Swing” - “Hypodermic syringes and attachments thereto pleasing to children” “Barrier Device for Children” /episode/index/show/ipgoespop/id/27140526

Streamlining Copyright Disputes The Copyright Claims Board (CCB) 05/18/2023

Streamlining Copyright Disputes The Copyright Claims Board (CCB) Michael Snyder and Joseph Gushue are joined by special guests from the U.S. Copyright Office, Brittany Lamb, Attorney-Advisor in the Office of the General Counsel and John Riley, Assistant General Counsel as they dive into the evolving landscape of providing additional access for certain copyright claims, focusing on the (CCB). Learn how the CCB makes the copyright claim system accessible for more people and why it was created right from the experts who contributed to its development. The panel examines the purpose, processes, and procedures of the CCB. Listeners will learn about this alternative to litigation in Federal Court for both copyright owners and responders, the qualifications for the CCB tribunal, the types of eligible copyright claims that can be filed with the CCB, and the threshold for damages awarded. Our Copyright Office guests will also guide listeners through topics such as the Digital Millennium Copyright Act, whether a copyright registration is necessary to file with the CCB and the fees involved in the process. In plain language, Brittany and John explain the process available to “everyday” copyright owners, many of whom rely on their ability to license or sell their works for a livelihood. Listeners will learn about the options available if a CBB claim is filed against you, including the possibility to opt-out, being able to use Fair Use as a defense, and the overall benefits of the virtual nature of all CCB proceedings. This considerably expedited process demonstrates early indications of success as a voluntary alternative to Federal Court. Whether you are a copyright holder, content creator, or simply curious about an alternative forum for addressing copyright disputes, this enlightening IP Goes Pop! episode will get you up to speed on the Copyright Claims Board and how it makes copyright claims more accessible for all. For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. Want to learn more about the Copyright Claims Board? Explore the resources provided and approved by the U.S Copyright Office below: CCB website homepage: Claimant Information Page: Respondent Information Page: eCCB: CCB Handbook: FAQs: /episode/index/show/ipgoespop/id/26874636

I, Chatbot: When Artificial Intelligence Talks Back 04/10/2023

I, Chatbot: When Artificial Intelligence Talks Back In this episode, co-hosts Michael Snyder and Joseph Gushue dive into the first part of a series on the world of Artificial Intelligence (AI) and its potential impact on not only the world, but on copyright, trademarks, and patents. They examine examples of AI in pop culture, including ChatGPT, and how they reflect the broader trends and concerns surrounding AI in our society. Michael and Joe are joined by fellow Volpe Koenig Shareholder and IP attorney, Jay Halt, to help navigate the complex landscape surrounding AI. Specifically, they examine the role of ChatGPT, an advanced AI model developed by OpenAI, and its potential impact on intellectual property, industry, and human-machine interfacing. One of the significant questions that arise is who owns the authorship of works created by AI systems. For example, if an AI system generates lines of code or writes a novel, who holds the copyright? Is it the person or company that created the model, the user who inputs the prompt, or the AI model itself? This issue is even more complicated when considering the ownership of data sets that the AI is trained on or the ownership of inputs given to AI systems. This episode offers insights into the latest developments and provides a thought-provoking analysis of what it all means for the future of AI, humanity, and the law. In addition to the IP implications, the panel explores the broader influence of AI on the future of work and the economy, as well as the importance of staying informed about the rapidly evolving AI landscape. So, tune in to learn more about the legal and social implications of AI and its impact on intellectual property. This entertaining and thought-provoking discussion will give listeners a deeper appreciation of these complex issues. For notes and to explore more episodes, please visit . You can stay connected with us on , or , and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/26493324

You Can't Do That - What IP Cannot Protect 12/07/2022

IP Goes Pop!® Halloween Spooktacular 2: The Return 10/27/2022

IP Goes Pop!® Halloween Spooktacular 2: The Return IP Goes Pop! is back with its second annual Spooktacular! In this episode, things get much spookier as we pit the top four Halloween Monsters against each other. Listen in for a breakdown of these famous characters and archetypes. Play along as your co-hosts, Volpe Koenig Shareholders, Michael Snyder and Joseph Gushue rank Dracula, Dr. Frankenstein’s Monster, Werewolves, and Mummies. What powers or abilities do they have that set them apart from each other? What movie or television show made them Halloween staples, and do these movies stand the test of time? Find out who rates highest on the jack-o-lantern meter to be crowned the spookiest monster of Halloween. And gain valuable insights into the methods and tools needed to protect yourself from these scary creatures on the night of the big 3-1. Of course, no episode of IP Goes Pop! is complete without looking at related intellectual property cases, inventions, or trademarks, and this episode is no exception. You’ll learn how the courts have established precedents for what makes a mask protectable under copyright law or what prevents them from gaining copyright protections. You’ll also hear how your favorite pop-up Halloween stores can sell costumes with characters with names like Hermione Grinder, Juice Demon, or Video Game Guy without going out of business under a pile of lawsuits. Michael and Joe cover three cases, each having to do with Halloween masks or costumes from famous movies--one with an NBA player and another with a famous yellow fruit. They address the question of what makes something a useful article under copyright law and how the law draws the line between creative works versus things with pure utility, such as a light switch or lamp. So grab the candy you’ve opened early (or hidden from your kids) and join your go-to pop-culture attorneys, Michael Snyder and Joseph Gushue, for the spookiest Halloween special yet! We take Halloween seriously here at IP Goes Pop!, so full-sized candy bars only! You may also want to turn on your fog machine and light a candle in your carved-up pumpkin for this one. Timestamps and Starting Points: 02:39 - Recap 03:45 - Ranking the Top Four Halloween Monsters 16:17 - Intellectual Property Laws of Halloween Mask - Are they Protectable 20:41 - Apparel and Costumes – Utility vs. Copyright 30:03 - 34:05 - Final Halloween Thoughts For notes and to explore more episodes, please visit . You can stay connected with us on , or and using the handle @volpeandkoenig. /episode/index/show/ipgoespop/id/24822666