PODCAST · business
No Infringement Intended Podcast
by Rusty Close, Austin Padgett, Troutman Pepper Locke
No Infringement Intended is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Join hosts Rusty Close and Austin Padgett as they delve into the IP issues that shape the world around us. From Taylor Swift's re-recording of her music to the murky legalities of fan fiction, this podcast offers insightful discussions that both educate and entertain. Tune in for a fresh perspective on how intellectual property influences the media and personalities you love.
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20
How Did James Bond Spark a 50‑Year Legal War Over Who Owns 007?
In this episode of No Infringement Intended, Austin Padgett and Rusty Close unpack the half-century battle over who really owns James Bond. They trace how Ian Fleming's early collaborations fractured the rights to Thunderball and Casino Royale, why that split spawned two "rogue" Bond films outside the official series, and how it ultimately took more than 50 years to bring the 007 franchise back under one roof. Along the way, Austin and Rusty clarify what counts as a "joint work," how tenancy in common lets any co‑owner license a work while still owing everyone else a share, and why getting clear contracts in place at the start of a project is the only way to keep a blockbuster character from turning into a long‑term legal headache. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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19
When Does a Beat Make You a Co-Writer?
In this episode of No Infringement Intended, Austin Padgett and Rusty Close wind up in Auckland and on TikTok, tracing how a teenage producer's "Laxed (Siren Beat)" became Jason Derulo's global hit "Savage Love." Along the way, they break down when contributing a beat (or a chorus fragment) makes you a songwriter rather than just a producer, how "toplining" works in modern pop, and why crediting someone after the fact is very different from clearing rights before a track blows up. Instead of treating viral success as a free-for-all, Austin and Rusty show how thinking like an IP attorney at the creation stage can keep collaborations profitable, creditable, and conflict-free. No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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18
Why Won’t the USPTO Register My Last Name?
In this episode of No Infringement Intended, Austin Padgett and Rusty Close go from swapping Georgia music favorites and high school nicknames to dissecting the Lanham Act’s uneasy relationship with surnames. Austin and Rusty walk through why the USPTO is wary of letting anyone monopolize a last name, break down the five-factor test examiners use, explain how some brands overcome surname refusals under Section 2(f), and analyze recent TTAB decisions. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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17
Why Does Everyone Say 'The Big Game' Instead of 'Super Bowl'?
In this episode of No Infringement Intended, Austin Padgett and Rusty Close use their shared love of television and Super Bowl nostalgia to unpack the legal world of major event branding. They explain why so many advertisements avoid saying "Super Bowl" and instead lean on "the big game," breaking down how trademark law and the Lanham Act empower rights holders like the NFL to control sponsorships, police false affiliations, and protect the value of being "official." Austin and Rusty walk through where harmless reference ends and risky commercial use begins, and why sometimes the safest move is to let the big game do the heavy lifting for your marketing.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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16
Is My Private TV Stream a Public Performance?
In this episode of No Infringement Intended, Rusty Close and Austin Padgett blend holiday‑episode nostalgia with the evolution of recording technology — from Betamax's fair‑use time‑shifting to Cablevision's cloud DVR — and explain why the Supreme Court deemed Aereo's antenna‑farm model a public performance that "looked like cable." By examining Justice Scalia's colorful Aereo dissent, they touch on how design choices can turn a platform from a tool into a performer, and what this decision could mean for modern platforms, such as AI.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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15
From Stairway to Sailing: Can Trade Dress Protect Iconic Guitar Designs?
In this episode of No Infringement Intended, Austin Padgett and Rusty Close move from sports jerseys and Florida State legends to yacht rock lore and double-neck guitars to discuss how patents and trade dress shape the guitar industry. Using Stratocaster contours, SG cutaways, and iconic silhouettes like the Les Paul and Flying V, they explain why utility and design patents expire and how trade dress depends on nonfunctionality and acquired distinctiveness. The discussion shows how signature headstocks and logos became enforceable trademarks and why early, disciplined enforcement matters for consumer brands. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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14
Can a Coach's Playbook Be Copyrighted?
In this episode, Austin Padgett and Rusty Close delve into the intriguing intersection of sports and intellectual property law. They explore the complexities of copyrighting choreographed works, from iconic celebration dances like the Ickey Shuffle to the strategic plays drawn up in football huddles. By analyzing cases from professional baseball and basketball, they uncover how courts have navigated the fine line between art and sport. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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13
Can You Still Sample Like It's 1989?
In this episode, Austin Padgett and Rusty Close explore the world of music sampling and the legal implications that have evolved over time. With iconic albums like the Beastie Boys' Paul's Boutique setting the stage for creative sampling, they examine the landmark Biz Markie case and how it reshaped the music industry. Whether you're a music lover or just curious about how artists balance creativity with legal boundaries, this episode offers a look at the changing landscape of music creation today. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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12
Is My Guitar Pedal a Klone or a Counterfeit?
In this episode, Austin Padgett and Rusty Close venture into the dynamic world of guitar pedals, focusing on the iconic Klon Centaur and its creator's legal showdown with Behringer's Centaur Overdrive. While many Klon "klones" have existed in the market, what makes this pedal the subject of a lawsuit? Austin and Rusty dissect the intricacies of trademark law, exploring where homage ends and counterfeit begins. Since recording this episode, the case discussed has reportedly been settled.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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11
Will I Get Sued if I Create Another Hospital Drama?
In this episode, Rusty and Austin explore the potential legal hurdles they might encounter if they were to venture into creating their own hospital drama. With the television landscape already saturated with series like ER, Grey's Anatomy, House, and countless others, it begs the question: why are the creators of The Pitt facing legal scrutiny from the rights holders of ER, despite the abundance of similar shows? Rusty and Austin navigate the intricate world of intellectual property law to discern what sets a derivative work apart from a new addition. Tune in to understand the delicate balance between drawing inspiration and committing infringement.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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10
Why Can't I Clean the Graffiti Off My Walls?
In this episode of No Infringement Intended, hosts Austin Padgett and Rusty Close delve into the 5Pointz case, where graffiti art clashed with property rights in Queens, NY. Explore how the Visual Artists Rights Act (VARA) impacts artists and property owners and learn about the legal criteria for recognized stature in art. Whether you're an art enthusiast, a legal professional, or simply curious about how art and law intersect, this episode offers insights into the delicate balance between creative expression and property rights.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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9
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink
In this episode, Austin Padgett and Rusty Close discuss the legal implications of Mike Tyson's face tattoo in the context of intellectual property law. They explore the copyright infringement lawsuit filed by tattoo artist S. Victor Whitmill in relation to the use of Tyson's tattoo design in the poster for The Hangover Part II. The conversation covers the originality and fixation requirements for copyright, the impact of preliminary injunctions, and the broader implications of copyright law raised by the litigants. The episode concludes with a discussion on the unresolved aspects of the case and its settlement.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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8
What Were the Cooler Wars? (Part 2)
In this episode, Austin Padgett and Rusty Close delve back into the ongoing legal battle known as the "Cooler Wars" between YETI and RTIC. In Part 2, they discuss the various intellectual property strategies YETI employed to protect its products, including patents, trademarks, and trade dress. The conversation highlights the challenges of enforcing IP rights in the consumer products market, particularly when dealing with products that have been around for decades. They emphasize the importance of a comprehensive and strategic approach to IP protection to fend off competitors.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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7
From Ideas to Ownership: Navigating IP and Employment Law Through the Lens of The Social Network
In this episode, Austin Padgett and Rusty Close joined Troutman Pepper Locke partners, Tracey Diamond and Emily Schifter, who host the Hiring to Firing podcast. Together, they explore the intersection of intellectual property (IP) and employment law through the lens of the movie The Social Network. They discuss works made for hire, the impact of the Defend Trade Secrets Act, and the challenges employers of all sizes face in protecting their innovations and the inventions their employees create on their behalf. Discover the critical lessons learned from real-life IP disputes, the importance of proper documentation, and best practices for protecting your company's ideas. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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6
What Were the Cooler Wars? (Part 1)
In this episode, Austin Padgett and Rusty Close delve into the intellectual property battle between cooler giants YETI and RTIC. They explore how YETI created a lifestyle brand of coolers and drinkware, and how RTIC brazenly entered that market with similar products at half the price, leading to lawsuits over patents, copyrights, and trade dress infringement. The discussion highlights the complexities of patent protection in certain product markets, the importance of brand equity, and the strategic decisions companies make to safeguard their IP and market position.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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5
Can My Trademark Be a Victim of Genericide?
In this episode, Rusty Close and Austin Padgett discuss what happens when a trademark becomes so common and descriptive that it reaches the point of being generic. They explore how trademark owners can protect their trademarks from this heinous crime by actively enforcing their rights and educating the public on the proper use of their trademarks.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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4
Can My Band Cover Another Famous Song?
In this episode, Rusty Close and Austin Padgett discuss what happens when one band wants to record another band's song and the special rules of copyright that go along with it. They explore the copyright owner's control over who can copy, distribute, and perform their work, as well as the issue of royalties.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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3
Why Did the World Wrestling Federation Become WWE?
In this episode, Rusty Close and Austin Padgett discuss trademarks and why the WWF, the World Wrestling Federation, rebranded itself as WWE, World Wrestling Entertainment.No Infringement Intended, hosted by Rusty Close and Austin Padgett, is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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2
Why Did Taylor Swift Re-record Her Albums?
In this episode, Rusty Close and Austin Padgett discuss why Taylor Swift re-recorded her original six albums. They explain the distinction between publishing rights and master recording rights, noting that Swift owned the publishing rights but not the master recordings. When her original label was sold, Swift decided to re-record her albums to regain a measure of control over her music. This strategic move highlights the complexities of music copyright and artist leverage in the industry.No Infringement Intended is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Join hosts Rusty and Austin as they delve into the IP issues that shape the world around us. From Taylor Swift's re-recording of her music to the murky legalities of fan fiction, this podcast offers insightful discussions that both educate and entertain. Tune in for a fresh perspective on how IP influences the media and personalities you love. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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1
Introduction to No Infringement Intended Podcast
No Infringement Intended is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Join hosts Rusty Close and Austin Padgett as they delve into the IP issues that shape the world around us. From Taylor Swift's re-recording of her music to the murky legalities of fan fiction, this podcast offers insightful discussions that both educate and entertain. Tune in for a fresh perspective on how IP influences the media and personalities you love.In this episode, Rusty and Austin introduce the concept of using pop culture to explain IP concepts. They aim to make IP law more accessible and engaging by discussing real-life scenarios and popular culture events. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.
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ABOUT THIS SHOW
No Infringement Intended is your go-to podcast for exploring the fascinating intersection of intellectual property and pop culture. Join hosts Rusty Close and Austin Padgett as they delve into the IP issues that shape the world around us. From Taylor Swift's re-recording of her music to the murky legalities of fan fiction, this podcast offers insightful discussions that both educate and entertain. Tune in for a fresh perspective on how intellectual property influences the media and personalities you love.
HOSTED BY
Rusty Close, Austin Padgett, Troutman Pepper Locke
CATEGORIES
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