Fire of Genius

Fire of Genius

By IP Theory

A podcast dedicated to all things IP presented by the Indiana University Maurer School of Law.
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Fire of Genius, Vol. 14, Ep. 3, IP, Antitrust and Civil RICO: Lawsuits Against Nvidia and Shein

Fire of GeniusDec 05, 2024
00:00
23:31
Fire of Genius, Vol. 14, Ep. 10, Lawsuits over "Superman" Intellectual Property

Fire of Genius, Vol. 14, Ep. 10, Lawsuits over "Superman" Intellectual Property

On this episode, associates discuss the latest IP disputes, specifically about foreign copyrights, inspired by the lawsuit filed by Superman co-creator Joe Shuster against DC Comics and its parent company - Warner Bros.

Apr 14, 202513:22
Fire of Genius, Vol. 14, Ep. 9, Untangling Patent Tickets: A Deep Dive Into SB 150 and Pharmaceutical IP Reform

Fire of Genius, Vol. 14, Ep. 9, Untangling Patent Tickets: A Deep Dive Into SB 150 and Pharmaceutical IP Reform

On this episode, associates discuss the Senate Bill 150 - the Affordable Prescriptions for Patients Act of 2023.

Apr 07, 202533:38
Fire of Genius, Vol. 14, Ep. 8, USPTO Under the Trump Administration

Fire of Genius, Vol. 14, Ep. 8, USPTO Under the Trump Administration

On this episode, associates discuss how the USPTO might be affected by the Trump administration.

Apr 03, 202518:13
Fire of Genius, Vol. 14, Ep. 6, Movie Magic: IP Behind the Scenes

Fire of Genius, Vol. 14, Ep. 6, Movie Magic: IP Behind the Scenes

On this episode, associates discuss IP and Copyright Protection in TV and Cinema.

Apr 01, 202513:10
Fire of Genius, Vol. 14, Ep. 7, Copyright and AI: Meta Comes Under Fire for Alleged Intentional Infringement

Fire of Genius, Vol. 14, Ep. 7, Copyright and AI: Meta Comes Under Fire for Alleged Intentional Infringement

On this episode, associates discuss Meta's ongoing Copyright litigation, GoPro's patent infringement case, and the infringement case against DraftKings and FanDuel.

Mar 31, 202524:57
Fire of Genius, Vol. 14, Ep. 5, Catchphrase Clash: Influencers, Trends, and Trademark Battles

Fire of Genius, Vol. 14, Ep. 5, Catchphrase Clash: Influencers, Trends, and Trademark Battles

On this episode, associates discuss the increasing challenges that influencers face while trying to protect their catchphrases with trademarks.

Mar 13, 202514:42
Fire of Genius, Vol. 14, Ep. 4, Patently Green: How Rethinking IP Laws Can Improve Sustainability

Fire of Genius, Vol. 14, Ep. 4, Patently Green: How Rethinking IP Laws Can Improve Sustainability

On this episode, associates discuss how rethinking IP laws around the world can improve international sustainability and promote circular economies.

Mar 05, 202537:04
Fire of Genius, Vol. 14, Ep. 3, IP, Antitrust and Civil RICO: Lawsuits Against Nvidia and Shein

Fire of Genius, Vol. 14, Ep. 3, IP, Antitrust and Civil RICO: Lawsuits Against Nvidia and Shein

On this episode, associates discuss the implications of Xockets' case against Microsoft, Nvidia & RPX, and RICO’s case against Shein.

Dec 05, 202423:31
Fire of Genius, Vol. 14, Ep. 2, Scraping The Classics - Dancing Queens and Prancing Monarchs

Fire of Genius, Vol. 14, Ep. 2, Scraping The Classics - Dancing Queens and Prancing Monarchs

On this episode, associates discuss AI and Copyright issues surrounding the ongoing UMG Records v. Uncharted Labs case.

Nov 21, 202431:20
Fire of Genius, Vol. 14, Ep. 1, Inspiration or Imitation - The Legal Side of Musical Creativity

Fire of Genius, Vol. 14, Ep. 1, Inspiration or Imitation - The Legal Side of Musical Creativity

On this episode, associates discuss copyright issues surrounding "Flowers" by Miley Cyrus and "When I Was Your Man" by Bruno Mars.

Nov 15, 202414:07
Fire of Genius, Vol. 13, Ep. 20, Trademarks at Coachella - How the Desert Festival Shapes IP Law

Fire of Genius, Vol. 13, Ep. 20, Trademarks at Coachella - How the Desert Festival Shapes IP Law

On this episode, associates discuss the relevance of Trademark Law at one of America's biggest annual music festivals - Coachella.

Nov 12, 202414:18
Fire of Genius, Vol. 13, Ep. 19, How Tribute Bands Can Navigate IP Laws

Fire of Genius, Vol. 13, Ep. 19, How Tribute Bands Can Navigate IP Laws

On this episode, Karlie, Srija, and Yimming discuss the lawsuit involving the famous American band Earth, Wind, and Fire v. the tribute band known as The Illumination: The EWF Experience. The discussion revolves around trademark infringement and other claims raised by the band against The Illumination, citing their use of "EWF Experience" and a similar logo in their performances and promotions. The group also examines legal precedents and other instances to explore the nuanced boundary between imitation and infringement within the realm of tribute bands.

Apr 09, 202412:55
Fire of Genius, Vol. 13, Ep. 18, A Survey of AI Regulation

Fire of Genius, Vol. 13, Ep. 18, A Survey of AI Regulation

On this episode, Jackson, Tanner, and Hunter discuss the background of artificial intelligence and its various categories. Specifically, the group delves into the approaches and legislation concerning AI by the European Union and the American Federal Trade Commission.

Mar 29, 202421:32
Fire of Genius, Vol. 13, Ep. 17: The Unified Patent Court: A New Era for EU Patents

Fire of Genius, Vol. 13, Ep. 17: The Unified Patent Court: A New Era for EU Patents

On this episode, associates Andy, Jenna, and Arathi delve into the recently established Unified Patent Court (UPC) in the European Union. The discussion will cover background information of the new system, its advantages and disadvantages, and a comparative analysis between the UPC and the United States patent system.

Mar 25, 202412:29
Fire of Genius, Vol. 13, Ep. 16, Trademarks and Brain Scans

Fire of Genius, Vol. 13, Ep. 16, Trademarks and Brain Scans

on this episode, Ben, Amelia, and Tianyuan delve into a discussion concerning the utilitization of trademark consumer surveys, the impact of using these surveys in trademark disputes — particularly in likelihood of confusion cases — and the potential risk reduction through the use of brain scans.

Mar 02, 202415:47
Fire of Genius, Vol. 13, Ep. 15, The Latest on NIL with the Attack on NCAA Recruiting Guidelines

Fire of Genius, Vol. 13, Ep. 15, The Latest on NIL with the Attack on NCAA Recruiting Guidelines

On this episode, Hunter, Jackson, and Tanner engage in a discussion about the legal implications of Name, Image, Likeness (NIL) and Tennessee & Virginia's Attorney General suits against the NCAA. The focus of their conversation revolves around the legal challenges faced by the NCAA for imposing restrictions on students' use of their NIL.

Feb 23, 202416:05
Fire of Genius, Vol. 13, Ep. 14, Redefining Expression in Ink - Copyright Law & Tattoos

Fire of Genius, Vol. 13, Ep. 14, Redefining Expression in Ink - Copyright Law & Tattoos

On this episode, Jenna, Andy, and Arathi delve into the intricacies of the Copyright Act, shedding light on its background. They explore three monumental copyright cases related to tattoos and engage in a thoughtful discussion about the overarching challenges associated with copyright ownership within the tattoo industry.



Feb 16, 202418:10
Fire of Genius, Vol. 13, Ep. 13, Limitations on Extraterritorial Trademark Infringement Recovery

Fire of Genius, Vol. 13, Ep. 13, Limitations on Extraterritorial Trademark Infringement Recovery

On this episode of Fire of Genius, Srija, Yiming, and Karlie sit down with Indiana University Maurer School of Law's Professor Marshall Leaffer. The episode focuses on the 2023 U.S. Supreme Court case Abitron Austria GmbH v. Hetronic International. In this discussion, the associates and Professor Leaffer speak about extraterritorial trademark infringement recovery limitations.

Feb 12, 202420:05
Fire of Genius, Vol. 13, Episode 12, The Sticky Legal Issues Around Trademarking Candy Shapes

Fire of Genius, Vol. 13, Episode 12, The Sticky Legal Issues Around Trademarking Candy Shapes

On this episode of Fire of Genius, Jenna, Andy, and Arathi examine the legal aspects of trademarks and candy shapes. These associates discuss historical cases, what candy shapes, such as KitKat bars, have and have not been trademarked in the United States, and trademark comparisons between the U.S. and Europe.

Feb 02, 202418:10
Fire of Genius, Vol. 13, Ep. 11, Do NIL Bills Really Protect College Athletes' Rights?

Fire of Genius, Vol. 13, Ep. 11, Do NIL Bills Really Protect College Athletes' Rights?

On this episode of Fire of Genius, Ben, Amelia, and Tianyuan host Professor Jayma Meyer to discuss the NCAA, historical student-athlete cases, and proposed NIL bills.

Jan 26, 202431:37
Fire of Genius, Vol.13, Ep. 10, An Updated Discussion on Jack Daniels' Win at the Supreme Court

Fire of Genius, Vol.13, Ep. 10, An Updated Discussion on Jack Daniels' Win at the Supreme Court

On this episode of Fire of Genius, Hunter , Jackson, and Tanner discuss the procedural details, final decision, and the effects of the Supreme Court case Jack Daniel's Properties v. VIP Products.



Jan 19, 202417:27
Fire of Genius, Vol. 13, Ep. 9, The Broader Social Impacts of Innovation

Fire of Genius, Vol. 13, Ep. 9, The Broader Social Impacts of Innovation

On this episode of Fire of Genius, Caroline and Taylor welcome Professor Peter Lee from University of California, Davis School of Law, to discuss ways to enhance the wider societal effects of innovation.

Dec 11, 202347:55
Fire of Genius, Vol. 13, Ep. 8, The Writer's Strike

Fire of Genius, Vol. 13, Ep. 8, The Writer's Strike

On this episode of Fire of Genius, Ben, Amelia, and Tianyuan sit down to discuss the 2023 writer's strike and its impact on the discussions and uses of Artificial Intelligence and Intellectual Property.

Nov 17, 202314:49
Fire of Genius, Vol. 13, Ep. 7, Misleading Patent Signals

Fire of Genius, Vol. 13, Ep. 7, Misleading Patent Signals

On this episode of Fire of Genius, Caroline and Taylor sit down with Professor Greg Reilly of Chicago-Kent College of Law to discuss Professor Reilly's recently published paper regarding how differently distinct audiences may perceive various ways patents signal information and evaluate the results of those perceptions.





Nov 10, 202327:30
Fire of Genius, Vol. 13, Ep. 6, Trends in Right to Repair

Fire of Genius, Vol. 13, Ep. 6, Trends in Right to Repair

On this episode of Fire of Genius, associates Tanner, Jackson, and Hunter discuss the Right to Repair and its impact on technology, agriculture, consumer rights, and environmental sustainability.


Nov 03, 202319:58
Fire of Genius, Vol. 13, Ep. 5, Is IP Law Failing Independent Fashion Designers and Small Businesses?

Fire of Genius, Vol. 13, Ep. 5, Is IP Law Failing Independent Fashion Designers and Small Businesses?

On this episode of Fire of Genius, associates Karlie, Srija, and Yiming discuss how traditional IP protections are favoring small businesses and allowing fast fashion companies to capitalize on this defect. 

Oct 27, 202316:12
IP Lessons From Barbenheimer

IP Lessons From Barbenheimer

On this episode of Fire of Genius, associates Jenna Sur, Andy Eddington, and Arathi Kumar discuss the intellectual property background within the two-part blockbuster combination: Barbie and Oppenheimer.

Oct 20, 202319:26
A Discussion of Competition vs. Data Privacy Law In The EU

A Discussion of Competition vs. Data Privacy Law In The EU

Caroline McCord and Taylor Nunley speak with Guest Marek Kobryń to discuss his paper on whether EU data protection cases should further be governed by EU competition and anti-trust laws.

Oct 03, 202327:30
Fire of Genius, Vol. 13, Ep. 2, Is ChatGPT The Next Lawyer?

Fire of Genius, Vol. 13, Ep. 2, Is ChatGPT The Next Lawyer?

On this episode of Fire of Genius, Maya, Taylor, and Caroline provide an overview of ChatGPT and discuss the ever-growing use of the new technology. The group considers the benefits and drawbacks of using ChatGPT within the legal field.

Sep 15, 202313:00
Fire of Genius, Vol. 13, Ep. 1, The Game of A-C Privilege as an In-House Patent Attorney

Fire of Genius, Vol. 13, Ep. 1, The Game of A-C Privilege as an In-House Patent Attorney

Former Associate Editors Vanessa Wang and Amy Qi discuss what case law proposes as to the privilege issue within the context of patent practice. Specifically, Vanessa and Amy analyze the issue through an in-house patent attorney perspective.

Sep 08, 202312:08
Vol. 12, Ep. 27, Interview with Yvonne Cripps

Vol. 12, Ep. 27, Interview with Yvonne Cripps

On this Episode of Fire of Genius, Jacob, Sydney, and Karen sit down with Professor Yvonne Cripps to discuss biomedical technologies and the various legal fields surrounding this science.  Associates particularly ask about privacy law, contracts, and policy considerations in the adjudication and legislation on matters pertaining to biomedical science.

May 15, 202334:13
Vol. 12, Ep. 26, Amgen, Inc. v. Sanofi

Vol. 12, Ep. 26, Amgen, Inc. v. Sanofi

On this Episode of Fire of Genius, Graham, Rob, and Ahsan discuss the case Amgen, Inc. v. Sanofi, which is a case before the Supreme Court. The Associates discuss how the case will hopefully clarify the contours of the patent application on the requirement of “enablement.”

Apr 28, 202312:37
Fire of Genius, Vol. 12, Ep. 25, The Scammers Are Coming! Are You Next?

Fire of Genius, Vol. 12, Ep. 25, The Scammers Are Coming! Are You Next?

On this episode of Fire of Genius, Amy, Vanessa, and Sam discuss the newest phishing scam that IP right holders are experiencing, resources available to IP right holders, and how to be vigilant for such attempted attacks.

Apr 21, 202317:34
Fire of Genius, Vol. 12, Ep. 24, Interview with Laura Dolbow

Fire of Genius, Vol. 12, Ep. 24, Interview with Laura Dolbow

On this episode of Fire of Genius, Audio Editor, Megan Wheeler, and Associate, Rob Kessling, interview Laura Dolbow on her forthcoming publication entitled "Barring Judicial Review." They specifically address the Patent and Trademark's Office regulations and judicial bar on whether or not to instigate inter partes review.


One case (Apple, et al. v. Vidal, et al.) that is discussed in the podcast has been adjudicated on since the recording of this podcast. The opinion is available here: https://cafc.uscourts.gov/opinions-orders/22-1249.OPINION.3-13-2023_2093598.pdf


If you are interested in reading Ms. Dolbow's article, it will be available in the Vanderbilt Law Review soon and is available online at: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4368442.

Apr 14, 202340:15
Fire of Genius, Vol. 12, Ep. 23, Mickey Expiring?

Fire of Genius, Vol. 12, Ep. 23, Mickey Expiring?

On this episode of Fire of Genius, Maggie, Nicole, and Stephanie discuss Mickey's looming expiration date and the expiration of the Steam Boat Willy copyright. They also discuss trademark protection that Disney may depend on at their expiration.

Apr 07, 202316:52
Fire of Genius, Vol. 12, Ep. 22, Meta Birkins

Fire of Genius, Vol. 12, Ep. 22, Meta Birkins

On this episode of Fire of Genius, Caroline, Taylor, and Maya discuss the litigation following the sale of NFTs featuring the famous Hermes Birkin Bag.

Mar 31, 202315:02
Fire of Genius, Vol. 12, Ep. 21, Abusive Practices of Big Tech

Fire of Genius, Vol. 12, Ep. 21, Abusive Practices of Big Tech

On this episode of Fire of Genius, Graham, Rob, and Ahsan discuss abusive practices employed by big tech. They particularly focus on the case, Sonos v. Google, as an example of some of these practices.

Mar 25, 202311:59
Fire of Genius, Vol. 12, Ep. 20, American Axle v. Neapco and Patent Eligibility

Fire of Genius, Vol. 12, Ep. 20, American Axle v. Neapco and Patent Eligibility

On this episode of Fire of Genius, Jacob, Sydney and Karen discuss patent eligibility issues deriving from precendent and American Axle v. Neapco, and possible methods to address the confusion felt by the patent-practicing community. 

Mar 05, 202313:54
Fire of Genius, Vol. 12, Ep. 19, Innocent Infringements

Fire of Genius, Vol. 12, Ep. 19, Innocent Infringements

On this episode of Fire of Genius, Amy, Vanessa, and Sam Associates discuss the harsh repercussions against innocent infringers and compare that between copyright and patent infringements.

*Please note this was formerly mis-titled as "Innocent Copies," but it (and the description of the episode) has been changed to better reflect the subject of discussion.

Feb 24, 202315:53
Fire of Genius, Vol. 12, Ep. 18, What Will Happen to the Yeezy Trademark

Fire of Genius, Vol. 12, Ep. 18, What Will Happen to the Yeezy Trademark

On this episode of Fire of Genius, Maggie, Nicole, and Stephanie discuss Adidas's terminating of their relationship with Yeezy and speculate what will be in both parties' future with the "Yeezy" IP. 

Feb 17, 202312:32
Fire of Genius, Vol. 12, Ep. 17, Parody Dog Toys

Fire of Genius, Vol. 12, Ep. 17, Parody Dog Toys

On this episode of Fire of Genius, Caroline, Maya, and Taylor discuss the history and current developments of dog toy parody products and trademark infringement cases. 

Feb 10, 202314:34
Fire of Genius, Vol. 12, Ep. 16, Interview with Jordana Goodman

Fire of Genius, Vol. 12, Ep. 16, Interview with Jordana Goodman

On this episode of Fire of Genius, Megan Wheeler, Audio Editor, and Associate, Caroline McCord, sit down with Jordi Goodman to discuss her research on disparity among gender and race in the patent field, particularly on patent prosecution filings. Jordi is a assistant clinical professor of the BU/MIT Technology Law Clinic at the Boston University School of Law who visited our campus last semester. 

Feb 03, 202334:33
Fire of Genius, Vol. 12, Ep. 15, AI as Inventors

Fire of Genius, Vol. 12, Ep. 15, AI as Inventors

On this episode of Fire of Genius, Jacob, Sydney, and Karen discuss the many implications associated with AI inventorship in patent conception that may occur in the future according to the decision in Thaler v. USPTO. 

Jan 27, 202312:42
Fire of Genius, Vol. 12, Ep. 14, Right of Repair and Patents

Fire of Genius, Vol. 12, Ep. 14, Right of Repair and Patents

On this episode of Fire of Genius, Rob, Graham, and Ahsan discuss the implications of the right of repair and anti-trust laws and how they impact patents and patent holders.  

Jan 20, 202313:33
Fire of Genius, Vol. 12, Ep. 13, Interview with Ken Germain and Lou Sitler

Fire of Genius, Vol. 12, Ep. 13, Interview with Ken Germain and Lou Sitler

On this episode of Fire of Genius, Audio Editor, Megan Wheeler, and Associate, Vanessa Wang, sit down with Ken Germain and Lou Sitler to discuss their Article which will be republished in IP Theory Volume 12 entitled, "The Constitution Commandeth: Thou Shalt Not Protect the Same Subject Matter Under Design Patent and Trade Dress Laws."  

Dec 09, 202232:26
Fire of Genius, Vol. 12, Ep. 12, Tattoo Copyrights in Commercial Material

Fire of Genius, Vol. 12, Ep. 12, Tattoo Copyrights in Commercial Material

In this episode of Fire of Genius, Amy, Vanessa, and Sam discuss tattoo art copyright issues in commercial material such as video games and movie posters. 

Dec 02, 202212:14
Fire of Genius, Vol. 12, Ep. 11, Social Media and Copyright

Fire of Genius, Vol. 12, Ep. 11, Social Media and Copyright

On this episode of Fire of Genius, Maggie, Nicole, and Stephanie discuss the impact of social media terms of service on user generated IP.  They further discuss their thoughts on addressing the conflict caused by granting a nonexclusive license to copyrightable works posted on social media. 

Nov 18, 202219:26
Fire of Genius, Vol. 12, Ep. 10, Eyal Barash on Pharmaceutical Patent Strategies in Drug Repositioning

Fire of Genius, Vol. 12, Ep. 10, Eyal Barash on Pharmaceutical Patent Strategies in Drug Repositioning

On this week's episode of Fire of Genius, Audio Editor, Megan Wheeler, and Associate, Sydney Schnur, sit down with Eyal Barash to discuss strategies for patenting of pharmaceuticals that may be repurposed.  Eyal has over two decades of experience as a patent lawyer. Prior to starting Barash Law in 2009, he was chief patent counsel to SSCI, the world’s leader in solid-state chemistry. Before working for SSCI, Eyal practiced patent prosecution, litigation, and client counseling at a large intellectual property law firm in Washington, D.C. Eyal attended Indiana University where received undergraduate degrees in chemistry and history before making his way to California where he obtained a masters degree in physical chemistry from the University of California at Berkeley.

Nov 11, 202230:29
Fire of Genius, Vol. 12, Ep. 9, Patents and Stock Shorting: The Ballad of Kyle Bass

Fire of Genius, Vol. 12, Ep. 9, Patents and Stock Shorting: The Ballad of Kyle Bass

On this week's episode of Fire of Genius, Graham, Rob, and Ahsan discuss how the inter partes review (IRP) procedure contesting patentability of a pharmaceutical has created suspicions of stock shorting; the group predominantly uses Kyle Bass's recent IRP claims and resulting economics of his practices as a case study. 

Nov 04, 202216:39
Fire of Genius, Vol. 12, Ep. 8, Spooky IP Issues - Fraud and Beyond the Grave Filing

Fire of Genius, Vol. 12, Ep. 8, Spooky IP Issues - Fraud and Beyond the Grave Filing

On this week's episode of Fire of Genius, Caroline, Taylor, and Maya discuss the U.S. Patent and Trademark Office's 'frightening' experience with fraudulent filings.  The Associates also discuss what measures are being considered in combatting these practices.    

Oct 28, 202213:27