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.

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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.

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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.

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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.

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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.

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.

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.

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.

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.

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.