IP Goes Pop

Volpe Koenig Intellectual Property Law

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.

  1. 12/23/2025

    Non-Traditional Trademarks: How Color, Sound, and Scent become Protectable

    What color says luxury before you open the box? What sound makes you grab the popcorn before a movie starts? In this episode of IP Goes Pop!®, hosts Michael Snyder and Joseph Gushue explore how color, sound, and even scent can function as protectable trademarks. From Smell-O-Vision and John Waters' Odorama cards (Polyester) to modern twists like The Artist and Black Mirror: Bandersnatch (and the trademark fight it sparked), the conversation shows how sensory storytelling grabs attention and how the law can recognize those cues as brand identifiers. Mike and Joe break down secondary meaning (Qualitex v. Jacobson), functionality, and why precise descriptions matter. In this episode: How non-traditional trademarks work, and what it takes to protect them The legal hurdles: secondary meaning, functionality, and clear scope drafting Iconic examples in action: Tiffany's robin's-egg blue jewelry boxes Louboutin's red-soled heels John Deere's green-and-yellow equipment NBC's three-note chime and the MGM lion's roar Hasbro's Play-Doh scent Bottom line: the strongest trademarks are not just seen, they're felt. Key Moments: (00:51) Defining non-traditional and non-conventional trademarks (02:25) Examples of Nontraditional Media (11:05) Trademark Foundations (13:49) Color Functionality: The Legal Red Line (15:44) Case Study 1: Tiffany Blue Trademark (20:40) Case Study 2: Louboutin's Red Sole Trademark (24:54) Case Study 3: John Deere Green & Yellow Trademark (26:18) Sound & Audio Trademarks (33:44) Scent Marks (36:52) Touch Marks & Future Frontiers (37:10) Final Thoughts & Takeaways   For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.   👉Connect with IP Goes Pop!  Request episode topics and share your feedback with us using the handle @volpeandkoenig on: Facebook Linkedin Twitter Instagram

    38 min
  2. 11/03/2025

    Wu-Tang Clan's One-Of-A-Kind Album Could Rewrite Music Law: Shaolin Secrets

    Enter the 36 Chambers of intellectual property as hosts Michael Snyder and Joseph Gushue spin the story of Wu-Tang Clan's mysterious, one-of-a-kind album Once Upon a Time in Shaolin, and the first-of-its-kind legal case it inspired. From Staten Island's kung-fu-infused hip-hop origins to a high-stakes sale cloaked in secrecy, Michael and Joe trace how a creative experiment in artistic exclusivity turned into a potential landmark in trade secret law. When Wu-Tang recorded a single physical copy of Shaolin and sold it under an ultra-restrictive contract, few imagined the album would pass through the hands of a disgraced pharma executive, the U.S. Marshals Service, and finally a blockchain collective (PleasrDAO). Now, this rare recording sits at the crossroads of copyright, contract law, and the Defend Trade Secrets Act (DTSA). Listeners will hear how secrecy became the source of value, why traditional copyright doctrines fall short in this context, and what this case reveals about the future of digital ownership, exclusivity, and authenticity. Along the way, the hosts connect the dots from Banksy's self-shredding artwork to Coca-Cola's guarded formula, exploring how the world's rarest album could redefine how we protect creative works. 💡 Lessons for Artists, Collectors & IP Enthusiasts How exclusivity and secrecy can enhance the value of creative works Why trade secret law might apply to art and music The limits of copyright and first sale doctrines in one-of-one works How blockchain and smart contracts reshape ownership rights Whether you're a Wu-Tang devotee, a lawyer fascinated by emerging IP frontiers, or an artist crafting your own legacy, this episode proves that Wu-Tang didn't just change hip-hop...they may have changed IP law.   Key Moments: (01:29) Introduction to Wu-Tang Clan Origins in Staten Island, New York (1992) Wu-Tang Clan members and their roles (05:14) Once Upon a Time in Shaolin: The Exclusive Album (10:06) The Album's Ownership Journey PleaserDAO (finalized in 2021) (15:14) Exhibition of Album at the Museum of Old and New Art (MONA) (17:21) Current   Legal Battle: PleaserDAO vs. Martin Shkreli (2025) Trade Secret Episodes of IP Goes Pop! Intellectual Property Urban Legends: Taking on Myths About IP in Popular Culture You Can't Do That: What IP Cannot Protect (21:47) Court's Evaluation of Trade Secret Claim Banksy Shredding Art Work (27:23) Rap Genre's Contributions to IP Law (28:44) Defend Trade Secrets Act (DTSA) (29:56) Final Thoughts   For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. Connect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    32 min
  3. 09/23/2025

    A Spider-Man Patent Saga: From Comics to Court

    Swing into the world of intellectual property and untangle the legal threads behind legendary wall-crawling comic book character, Spider-Man. From comic book origins to blockbuster films, hosts Michael Snyder and Joseph Gushue trace Spidey's journey through pop culture, the U.S. Patent Office, and the courtroom. From Stan Lee and Steve Ditko's Amazing Fantasy #15 to Tobey Maguire, Andrew Garfield, and Tom Holland on the big screen, Michael and Joe explore how each era shaped Spider-Man's generational appeal—and his IP story. Listeners' "spidey senses" will tingle at the tale of a toy web-shooter patent that reached the Supreme Court in Kimble v. Marvel Entertainment (2015), sparking lessons in royalty agreements and licensing strategies. The host take a deep look into other intellectual property aspects of the Spider-Man universe.  💡 Lessons for Inventors & Licensors Structuring effective patent royalty agreements Distinguishing patents from "know-how" Strategies for royalty payments and long-term value Benefits of separating patent rights from non-patent rights in licensing deals Whether you're a comic book fan, superhero film buff, or budding entrepreneur, you'll find plenty to stick to in this deep dive into Spider-Man's IP. Key Moments: (01:53) Spider-Man's Rich History in Pop Culture Origin and first appearance: Amazing Fantasy #15 (1962) Spider-Man Theme Song from Original Cartoon (YouTube) (05:31) Spider-Man Movies and the Spider-Verse Spider-Man pointing meme  (13:41) The Spider-Man Toy Patent Stephen E. Kimble's "Toy Web Shooting Glove" patent (US5072856A, 1990) Marvel's Web Blaster toy (20:27) Patent Expiration and Royalty Agreements Timelines (26:54) Drafting Patent License Agreements (31:16) Peter Parker as an Inventor (32:19) Final Thoughts on IP Law and Pop Culture For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. Connect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    35 min
  4. 08/19/2025

    The (Copy) Right Tool for the Job: The Copyright Tool Kit

    Filing for a copyright application doesn't have to be an overly complex chore. You just need the right tools for the job. Hosts Michael Snyder and Joseph Gushue welcome Jessica Chinnadurai, Attorney Advisor from the U.S. Copyright Office, to introduce the Copyright Office's Copyright Registration Toolkit. To set the table, Michael and Joseph discuss iconic tools and toolkits from pop culture, including the legendary Swiss Army knife, the versatile Leatherman multi-tool, famous fictional toolkits from MacGyver and Iron Man's suit, and Ron Swanson's woodworking expertise. This sets the stage for Jessica's breakdown of the Copyright Registration Toolkit, highlighting its practical value and ease of use. Copyright protection begins the moment you create an original and tangible work, whether it's a song, blog post, painting, or software. While registration isn't required for protection, Jessica clarifies how it significantly enhances your legal rights, for example, by providing the ability to enforce your copyrights effectively in court. The Copyright Registration Toolkit is designed into six detailed sections:  Pre-Registration Considerations: Know your groundwork before diving in. Completing the Application: Step-by-step guidance to ensure accuracy. Deposit Copy Requirements: Clarifying what and how to submit for various work types. Special Handling: When and how to request expedited processing. Post-Registration Considerations: Keeping your registrations updated and managing ownership changes. Additional Resources: Where to find extra help and further support. Jessica breaks down each section and highlights the Copyright Registration Toolkit's practical value, user-friendly design, and unique features offered by the Copyright Office, such as personalized walkthrough services that help creators confidently navigate the registration process. Michael and Joseph underscore the importance of this Copyright Registration Toolkit by addressing common questions from creators, particularly around complex topics such as publication definitions, common pitfalls during the application process, and the significance of accurate documentation. The episode concludes with an overview of additional resources provided in the Copyright Registration Toolkit, including specialized webpages tailored to different types of creators, links to helpful circulars, and updated guidance on evolving topics such as artificial intelligence. Whether you're an experienced creative professional, an artist, an entrepreneur, or someone just beginning your creative journey, this episode equips you with an essential resource to help protect your creative works with confidence. Tune in, power up your IP knowledge, and safeguard your creativity!   Resources Mentioned: The Copyright Registration Toolkit U.S. Copyright Office Copyright Claims Board Copyright Registration Benefits Walkthrough Service Engage Your Creativity Circulars For full-show notes please visit: www.vklaw.com/podcasts-57 Timestamps and Key Moments: (00:34) Episode Overview: The Copyright Registration Toolkit (01:33) Special Guest Introduction: Jessica Chinnadurai (2:56) Pop Culture Toolkits and Tools (12:59) Introducing the Copyright Registration Toolkit (14:13 ) Copyright Basics and Importance of Registration (19:39) What is the Copyright Registration Toolkit? Access the Toolkit here: https://www.copyright.gov/intellectual-property-toolkits/ (22:06) Section 1: Learning the Essentials (24:47) Section 2: Understanding the Process  (28:24) Section 3: Preparing to File Your Application  (32:28) Section 4: Filing Your Application (34:31) Section 5: Moving Through the Process (36:26) Section 6: After You Have a Registration Season 4 Ep #2: Streamlining Copyright Disputes: The Copyright Claims Board (CCB) (38:01) Resource Guide and Additional Materials (40:32) Final Thoughts and Takeaways Connect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    43 min
  5. 03/25/2025

    IP State of the Union Part 2: Billion Dollar Character Acquisitions

    In this second installment of "IP State of the Union: Billion-Dollar Character Acquisitions," IP Goes Pop!® co-hosts Michael Snyder and Joseph Gushue explore goodwill—the invisible yet invaluable asset fueling iconic franchises. They break down how studios leverage brand loyalty and cultural impact when acquiring legendary IP, where the goal extends beyond box office numbers to long-term equity through merchandise, theme parks, and fan engagement. The hosts analyze three major franchises: Star Wars (examining whether George Lucas's goodwill continues to pay dividends as Disney shifts toward streaming), the DC Universe (discussing Warner Bros.' struggles despite owning Superman and Batman, and James Gunn's new vision), and The Wizarding World of Harry Potter (questioning whether public controversies and mixed expansions threaten the brand, and if HBO's upcoming reboot will revitalize or alienate the fanbase). Whether you're a casual moviegoer or die-hard fan, this episode transforms how you view the business of pop culture. For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. Key Moments: (00:34)  Episode Overview Part 1 of IP State of the Union - Billion Dollar Character Acquisitions (02:38) Defining Goodwill or Goodwill in Intellectual Property (06:13) Debut and Early Days of the Star Wars Franchise (14:07) Disney's handling of the Star Wars franchise (18:26) DC Universe and Warner Brothers (29:38) The Harry Potter Universe and Challenges to Goodwill (37:05) Final thoughts on managing IP franchises Connnect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    39 min
  6. 02/18/2025

    IP State of the Union: Billion Dollar Character Acquisitions (Part 1)

    How have blockbuster IP deals reshaped modern filmmaking? Dive into Hollywood's most strategic moves—from Disney's Marvel takeover catalyzed by the success of Iron Man (2008) to the high-stakes integration of Fox properties. IP Goes Pop!®  co-hosts Michael Snyder and Joseph Gushue unpack how these mega acquisitions transformed standalone films into sprawling, interconnected cinematic universes that have redefined storytelling and set new profit standards. Michael and Joe also tackle the challenge of franchise fatigue, exploring how studios refresh their lineups by introducing lesser-known characters alongside established icons to their audiences. With keen legal insights and industry know-how, they reveal the blueprint behind these blockbuster deals and what it means for the future of franchise filmmaking. Whether you're a casual moviegoer or a die-hard comic book fan, join us for a deep dive into the art and strategy behind the evolution of big-studio storytelling. Buckle up, grab your popcorn, and get ready for an enlightening ride on IP Goes Pop!® .  For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. Key Moments: (01:29) Episode Overview: State of the Union for Major IP Acquisitions (03:54) Evolution of Actor Involvement in Franchises (09:01) Disney's Acquisition of Marvel Studios (14:21) Who Owns What Character? (25:61) Audience Fatigue and Streaming Challenges (30:47) Upcoming Marvel Projects (32:37) Looking Ahead to State of the Franchises Part 2 Connnect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    35 min
  7. 12/16/2024

    Recognizing and Avoiding Trademark Scams and Hoaxes with Jason Lott of the USPTO

    Trademark scams are on the rise, threatening businesses with costly setbacks and legal risks. Hosts Michael Snyder and Joseph Gushue are joined Jason Lott, Managing Attorney for Trademark Customer Outreach at the US Patent and Trademark Office (USPTO), to expose the deceptive tactics scammers use and provide practical tips to safeguard your intellectual property. From misleading solicitations and fake invoices to fraudulent renewal notices, this episode unpacks scams at every stage of the trademark process—before filing, during application prosecution, and post-registration. Jason shares real-world examples, red flags to watch for, and actionable steps to protect your trademarks. With expert insights and USPTO resources at your disposal, you'll learn how to defend your brand against bad actors, navigate the trademark process confidently, and avoid falling victim to costly scams.  For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. USPTO Resources to Protect Yourself and Your Business from Trademark Scams: Trademark Application Process: learn the steps involved and the timeline required for attaining trademark protections to avoid being duped. USPTO Recognizing Common Scams: explore the most common scamming tactics and what to be vigilant for throughout the process. USPTO - Misleading Solicitations: USPTO's updated list of known fraudulent solicitations. USPTO fee schedule: understand the fees associated with the legitimate trademark process. USPTO Trademark Assistance Center (TAC): get support for trademark-related queries and verification. USPTO - Trademark Protection: webinars and guides on recognizing and reporting scams. USPTO Subscription Center: subscribe to stay updated, on news, and resources from the USPTO. Key Moments & Quick Links: (1:06) Introduction to Trademark Scams and Hoaxes & Guest Introduction (4:17) Movies About Scams and Deception (9:30) Trademark Scams Overview: Before, During, and After Registration (10:25) Pre- Trademark Application Scams USPTO.gov (14:26) Sophistication of Scams (19:03) Unauthorized Practice of Law Trademark Application Process (23:47) Trademark Scams During Trademark Application Prosecution USPTO Official Payment Platform (31:18) Post-Registration Trademark Scams USPTO - Misleading Solicitations  (36:05) USPTO Resources for Recognizing and Avoiding IP Scams FCC on Spoofed Phone Calls USPTO fee schedule USPTO Trademark Assistance Center (TAC) USPTO - Trademark Protection (38:14) Final Thoughts Connnect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

    43 min
  8. 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 Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig. For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts. Key Moments & Quick Links: 0:39 Halloween Spooktacular III Spooktacular 1: A Nightmare On Independence Ave Halloween Spooktacular 2: The Return 2:34 Favorite Horror Monsters Dracula (1931) Hotel Transylvania (2012) 5:40 Frankenstein's Monster Frankenstein (1931) Bride of Frankenstein, Son of Frankenstein, Ghost of Frankenstein Mary Shelley's Frankenstein (1994) 15:10 Dracula Nosferatu (1922) Interview with the Vampire (1994) Blade (1998) Francis Ford Coppola's Bram Stoker's Dracula (1992) Stephen King's Salem's Lot (1979) 23:15 Zombies: From Folklore to Pop Culture 28 Days Later (2002) Shaun of the Dead (2004) Zombieland (2009) George A. Romero's Night of the Living Dead (1968) Blair Witch Project (1999) Paranormal Activity (2007) 25:38 Creativity from Legal Challenges 31:19 Final Thoughts and Halloween Wishes

    34 min
5
out of 5
24 Ratings

About

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.

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