No Infringement Intended Podcast

In this episode of No Infringement Intended , Austin Padgett and Rusty Close unpack the infamous monkey selfie case — Naruto v. Slater — where PETA sued a wildlife photographer on behalf of a grinning Indonesian macaque, arguing the monkey owned the copyright to his own selfie. They break down why the Ninth Circuit dismissed the claim, why the court is deciding who is actually a friend of the monk...

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...

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...

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 refusal...

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 sponsorship...

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...

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 d...

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 navigat...

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 creativi...

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 counte...

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 abundan...

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...

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...

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, partic...

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 em...

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 complexi...

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 a...

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...

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.ad...

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 strat...

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....