IP Goes Pop! is back with its second annual Spooktacular! In this episode, things get much spookier as we pit the top four Halloween Monsters against each other. Listen in for a breakdown of these famous characters and archetypes. Play along as your co-hosts, Volpe Koenig Shareholders, Michael Snyder and Joseph Gushue rank Dracula, Dr. Frankenstein’s Monster, Werewolves, and Mummies. What powers or abilities do they have that set them apart from each other? What movie or television show made them Halloween staples, and do these movies stand the test of time? Find out who rates highest on the jack-o-lantern meter to be crowned the spookiest monster of Halloween. And gain valuable insights into the methods and tools needed to protect yourself from these scary creatures on the night of the big 3-1.
Of course, no episode of IP Goes Pop! is complete without looking at related intellectual property cases, inventions, or trademarks, and this episode is no exception. You’ll learn how the courts have established precedents for what makes a mask protectable under copyright law or what prevents them from gaining copyright protections. You’ll also hear how your favorite pop-up Halloween stores can sell costumes with characters with names like Hermione Grinder, Juice Demon, or Video Game Guy without going out of business under a pile of lawsuits.
Michael and Joe cover three cases, each having to do with Halloween masks or costumes from famous movies–one with an NBA player and another with a famous yellow fruit. They address the question of what makes something a useful article under copyright law and how the law draws the line between creative works versus things with pure utility, such as a light switch or lamp.
So grab the candy you’ve opened early (or hidden from your kids) and join your go-to pop-culture attorneys, Michael Snyder and Joseph Gushue, for the spookiest Halloween special yet!
We take Halloween seriously here at IP Goes Pop!, so full-sized candy bars only! You may also want to turn on your fog machine and light a candle in your carved-up pumpkin for this one.
02:39 First Halloween Spooktacular Recap
03:45 Ranking the Top Four Halloween Monsters
- Dracula (vampires)
- Frankenstein’s Monster [08:07]
- Frankenstein, Mary Shelly
- Werewolf [09:58]
- The Wolf Man (1941)
- Jekyll and Mr. Hyde
- The Wolfman (2010), Baneccio Del Torro
- Harry Potter – Professor Lupin
- American Werewolf in London
- Teen Wolf
- The Mummy [12:59]
16:17 Intellectual Property Laws of Halloween Mask – Are they Protectable?
- What is a “useful article” under Copyright Law?
- MASQUERADE NOVELTY, INC., Appellant, v. UNIQUE INDUSTRIES, INC., and Everett Novak, an Individual.
- Animal Nose Masks
20:41 Apparel and Costumes – Utility vs. Copyright
- Star Athletica, LLC v. Varsity Brands, Inc., 2017
- Cheerleading Uniform
- Is a “separable quality” of feature/style from an overall design protectable?
- Rasta Imposta – Giant Banana Costume
- Terry Rozier Copyright Case
- Ghost Face Mask from Scream Franchise
- Terry Rozier Merchandise with Scream Mask
- Fair Use
- The Wayans Brothers
- Parody Films – Scary Movie Franchise
30:03 Parody Costumes
- Hermoine Grinder – The Top Student at Chogborts
- Cyber Man/Padre
- Video Game Guy
- Where’s the Stripey Dude?
- Juice Demon
34:05 Final Halloween Thoughts
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