IP Goes Pop Volpe Koenig Intellectual Property Law

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 The Barbie Movie (2023)
3:46 Genesis of Mattel Toys and the Barbie Brand
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 full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.
You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

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 "Go for Real" 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:
Kathi Vidal | USPTO
Paul-DelPonte_bio.pdf (ncpc.org)
https://www.uspto.gov/
https://www.ncpc.org/
McGruff the Crime Dog® teams up with USPTO to take a bite out of fake goods sold online | USPTO
Shop Smart and Stay Safe This Season | U.S. Department of Commerce
 Roundtable: Future strategies in anti-counterfeiting and anti-piracy | USPTO
 
For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.
You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

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 full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.
You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.
Links to Patents Mentioned in this episode:
“User-operated amusement apparatus for kicking the user's buttocks” US6293874B1 “Apparatus for simulating a ‘high five’” US5356330A “In-Car Coffee Maker" US5233914A “Graffiti prevention apparatus” US5675318A “Banana Protective Device US6612440B1 “Beerbrella” US6637447B2 “Safety system for removing rider from vehicle by deploying a parachute” US5593111A “Method of Swinging on a Swing” - US6368227B1 “Hypodermic syringes and attachments thereto pleasing to children” US3299891A “Barrier Device for Children” US5255958A 

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 Copyright Claims Board (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 full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.
You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram 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: https://ccb.gov/
Claimant Information Page: https://ccb.gov/claimant/
Respondent Information Page: https://ccb.gov/respondent/
eCCB: https://dockets.ccb.gov/
CCB Handbook: https://ccb.gov/handbook/
FAQs: https://ccb.gov/faq/

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 full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.
You can stay connected with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

Who holds the patent on gravity? Who collects the royalties for the speed of light? In this episode of IP Goes Pop!, Volpe Koenig Shareholders and podcasts hosts, Michael Snyder and Joseph Gushue, explore what intellectual property (trade secrets, trademarks, patents and copyrights) cannot protect. Hint- some things excluded from IP protection include the Laws of Nature such as gravity, the speed of light and even Einstein’s theory of relativity E=MC2. Abstract ideas are another. But what other “can’t”s stand between you, your idea, and protections for it? 
To set the table, this episode begins with a pop culture journey through famous “Can’t” songs and movies. Moving into the intellectual property segment of the show your hosts explore the question ‘Why can't intellectual property rights protect everything?’
In this episode, you will learn some nuances of intellectual property law such as legal reverse engineering and proper vs. improper means of acquiring a trade secret. Michael and Joe break down some of the reasons why some ideas may be better suited for trademark, patent, or copyright protection instead of trade secret protection. If you’ve ever wanted to know what you can and cannot do in the IP world, this episode is for you!
For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.
You can stay connected with us on Facebook, Linkedin or Twitter and Instagram using the handle @volpeandkoenig.
Timestamps:
02:43 “Can’t” Albums & Songs
06:30 “Can’t” Movies
09:11 Trade Secrets “Can’t”s….
19:35 Patents “Can’t”s…  
26:29 Trademarks “Can’t”s…
30:08 Copyright “Can’t”s…
32:51 Final Thoughts