Opening Arguments

Opening Arguments Media LLC

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!

  1. 9 hr ago

    Is Fender Threatening Anyone Who Makes Strat-Shaped Guitars?

    OA1268 - Patents, trademarks, and copyrights, ach mein! How did the Fender Stratocaster, a guitar that has been in continuous manufacture since 1954, Suddenly become the subject of an intellectual property dispute? Well, maybe this didn’t exactly come from Out of the Woods. Fender has had 5 utility patents, 1 design patent, and 3 trademarks relevant to the Stratocaster Through the Years. But the one thing that’s been Slipping Through Their Fingers all this time was protection for that iconic (or is it?) body shape. After their design patent expired, their trademark application was Denied, and US copyright was definitionally Forbidden, anyone could see that Nothing Really Matters to the US Patent and Trademark Office, and Fender was left Walking in the Snow. Very similar (some might say identical) body shapes entered the market. It’s Late, but perhaps not too late. Fender sailed the Seven Seas to another country with different copyright laws. But with only a German court order in hand, will Fender be able to make this exclusive protection Live Forever, or is it just Cheap Talk other guitar makers can ignore? Contrary to the hot takes everywhere, it could be A Hard Day’s Night before we get a definitive answer. Is any of it JU$T? You decide. Tune in for the history that got us here, an overview of US IP law, and to hear Jenessa argue with a computer, and 90% of people talking about this, who just cannot seem to link to the documents they’re referencing… Fender patents, relevant to Stratocaster: Guitar shape (utility/functional features): U.S. Patent No. 2,960,900 (issued Nov. 22, 1960) Guitar shape (design/ornamental features): U.S. Patent No. Des. 169,062 (issued Mar. 24, 1953) Bridge and pick-up assembly: U.S. Patent No. 2,573,254 (issued Oct. 30, 1951) Tremolo: U.S. Patent No. 2,741,146 (issued Apr. 10, 1956) Pickup and circuit: U.S. Patent No. 2,817,261 (issued Dec. 24, 1957) Adjustable neck: U.S. Patent No. 3,143,028 (issued Aug. 4, 1964) Dating a Fender Stratocaster, Adirondack Guitars. Relevant Fender trademarks Fender brand name: FENDER, U.S. Trademark Registration No. 0805075 (issued/renewed Mar. 8, 1966) Stratocaster name: STRATOCASTER, U.S. Trademark Registration No. 0839997 (issued Dec. 5, 1967) Headstock: U.S. Trademark Registration No. 1148870 (issued Mar. 3, 1981) USPTO, 1512 Relationship Between Design Patent, Copyright, and Trademark. Stuart Spector Designs, Ltd. v. Fender Musical Instruments Corporation, 94 USPQ2d 1549 (TTAB 2009) [precedential]. Düsseldorf Regional Court (Az. 14c O 64/25) Carolin Thurner, The Fender Stratocaster before the Regional Court of Düsseldorf - First application of the ECJ Principles from Mio/konektra to a work of applied art in Germany, Lexology. Katheriner Sayer (May 28, 2026), The Brewing Fight Over the World’s Most Popular Electric Guitar, Wall Street Journal. Josh Gardner, Fender reportedly demands boutique builders stop making Stratocaster-style guitars: This is what it means for the industry, Guitar.com. Wayne’s World clip Check out the OA Linktree for all the places to go and things to do!

    1hr 8min
  2. 27 May

    Did Trump’s DHS Just End Green Cards? Not Exactly.

    VR33 - Did Trump’s DHS really just “end greencards” for people living in the US? Is everyone here on a visa going to have to return to their home countries--potentially with legal bars to returning of ten years or more--to process their cases? Who is the USCIS policy memo on “adjustment of status” to permanent residency which has caused massive amounts of fear and uncertainty in immigrant communities around the country this past weekend actually targeting, and who might still be able to get through? As always, the answers to these questions are much more nuanced than a 30-second viral video could ever convey and there is real reason to hope beyond the headlines.  Matt has written some of the most thorough analysis yet published since the memo’s release and he is here to tell us that it is many ways both much better and in others much worse than reported. We take a closer look at what the media coverage of this story has gotten wrong (and what it has missed) while going deep on the alleged legal justifications for this new interpretation of the law to see how it all holds up. “Adjustment of Status is a Matter of Discretion and Administrative Grace, and an Extraordinary Relief that Permits Applicants to Dispense with the Ordinary Consular Visa Process,” USCIS Policy Memorandum dated 5/21/26 “Did DHS Really Just Stop Processing Greencards? A Closer Look,” Matt Cameron, DEPORTNATION (5/23/26) “Adjusting Expectations,” Matt Cameron, DEPORTNATION (May 27, 2026) Matter of Blas, Int. Dec. #2485, BIA (1974)(adopted by AG 1976)  Matter of Arai, Int. Dec. #2027, BIA (1970)

    1hr 5min
  3. 25 May

    Woman in Labor Spent 3 Hours Fighting a Judge on Zoom to Avoid a Forced C-Section

    OA1264 - Sherise Doyley was in the early stages of labor, in a hospital bed, preparing to deliver her baby, when nurses wheeled in a computer. On the screen was a judge, notifying her of an emergency order by the State of Florida to attempt to force her to undergo a C-section, instead of first attempting vaginal delivery. For 3 hours she advocated for herself, without an attorney, barely covered in a hospital gown. How was any of this legal? What is happening? Jenessa breaks down the history of our rights to make our own medical decisions and how that is legally modified in pregnancy, Lydia shares her own birth experience and how these situations could be handled with actual compassion, and Thomas holds very still in hopes our eyes are based on movement (just kidding, Thomas is very supportive and also outraged). Come rage against the machine with us and hopefully breathe life into a revived pro-choice movement, before it’s too late. Amy Yurkanin (Mar. 14, 2026), They Didn’t Want to Have C-Sections. A Judge Would Decide How They Gave Birth, ProPublica. Video clips of Doyley hearing, provided by ProPublica’s Facebook page Anuli Njoku, Marian Evans, Lillian Nimo-Sefah, & Jonell Bailey (2023). Listen to the Whispers before They Become Screams: Addressing Black Maternal Morbidity and Mortality in the United States, 11 Healthcare 438. Brad N. Greenwood, Rachel R. Hardeman, Laura Huang, & Aaron Sojourner (2020), Physician–patient racial concordance and disparities in birthing mortality for newborns, 117 Proceedings of the National Academy of Sciences 21194. Maternal Mortality Prevention (Dec. 18, 2025). Data from the Pregnancy Mortality Surveillance System, CDC. Bracey Harris & Elizabeth Chuck (Jan. 9, 2026), 'Her worst fear has come to pass': Midwife who advocated for Black women dies after giving birth, NBC News. Camila Domonoske (Apr. 17, 2018), 'Father Of Gynecology,' Who Experimented On Slaves, No Longer On Pedestal In NYC, NPR. Megan L. Swanson, Sara Whetstone, Tushani Illangasekare, & Amy (Meg) Autry (2021), Obstetrics and Gynecology and Reparations: The Debt We Owe (and Continue to Accumulate), 5 Health Equity 353. Nicole Loy (May 16, 2025), Pain and Gynecology: Raising Standards of Care, The Healthcare Review at Cornell University. Jess Mador (July 29, 2025), A Brain-Dead Pregnant Woman Was Kept Alive in Georgia. It’s Unclear if State Law Required It, KFF Health News. (June 2025), Pregnancy Exceptionalism: A Review of Restrictions on Advance Directives, Pregnancy Justice. U.S. Const. amend. IX Jacobson v. Massachusetts, 197 U.S. 11 (1905) Rochin v. California, 342 U.S. 165 (1952) Cruzan v. Director, Missouri Dep't of Health, 497 U.S. 261 (1990) Washington v. Harper, 494 U.S. 210 (1990) Roe v. Wade, 410 U.S. 113 (1973) Planned Parenthood of Southeastern Pa. v. Casey, 505 U.S. 833 (1992) Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022) Heller v. Doe, 509 U.S. 312 (1993) State Dept. of Human Services v. Northern, 563 S.W.2d 197 (1978) Lane v. Candura, 6 Mass. App. Ct. 377 (1978) Koskenoja v. Whitmer, Mich. Ct. Cl. (2026) (Apr. 20, 2026), Michigan Pregnancy Exclusion Law is Unconstitutional, Compassion & Choices. Check out the OA Linktree for all the places to go and things to do!

    1hr 2min
  4. 22 May

    The Biggest Scandal in US History. Todd Blanche Should Be in Prison. And Trump, Obviously.

    OA1263 - Two of the most egregiously impeachable things ever to happen in the United States have just occurred on the same day this week:  The so-called “settlement” between Donald Trump and his own IRS which guarantees his immunity from consequences for any financial  a slush fund for his friends and family and  A Texas federal judge forcing a Rhode Island hospital to turn over records for trans kids while also attempting to specifically limit where this order can be challenged--and making absurd threats to anyone who even thinks about talking about challenging it We take a closer look at the alleged legal basis for both actions and how the Trump “settlement” compares to the previous record-holder for Presidential financial corruption set 123 years ago before getting on to much better news in today’s footnote: an underdog Boston lawyer who has taken to the mic to call out some much bigger law dogs. “Settlement” Agreement, President Donald Trump et al. v. Internal Revenue Service et al. (5/18/2026) Untitled document, Office of the Attorney General (5/19/2026) Order Closing Case, President Donald Trump et al. v. Internal Revenue Service et al., Southern District of Florida (5/18/2026) Complaint, Harry Dunn and Daniel Hodges v. Donald J. Trump, D.C. District Court (5/20/2026) Order of Court, In RE: Motion to Quash Administrative Subpoena to Rhode Island Hospital, First Cir. (5/19/2026) Emergency Motion to Quash Subpoena In Duces Tecum, In Re: Administrative Subpoena 25-1431-032 to Rhode Island Hospital, Rhode Island District Court (5/4/2026) @joerezlaw on Instagram Check out the OA Linktree for all the places to go and things to do!

    53 min

About

Opening Arguments is a law show that helps you make sense of the news! Comedian Thomas Smith brings on legal analysts to help you understand not only current events, but also deeper legal concepts and areas! The typical schedule will be M-W-F with Monday being a deep-dive, Wednesday being Thomas Takes the Bar Exam and patron shoutouts, and Friday being a rapid response to legal issues in the news!

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