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Austin Padgett

Partner

Troutman Pepper Locke

Austin Padgett is a Partner with Troutman Pepper Locke and a copyright, trademark, and advertising attorney in the firm’s Intellectual Property group. He counsels businesses and creators as they develop and employ brands, concepts, content, promotions, advertising, and intellectual property across all media. Austin represents his clients in transactions, litigation, and before government agencies and industry oversight groups. His expertise involves a broad spectrum of IP work including trademark clearance, prosecution, disputes, licensing; Trademark Trial and Appeal Board administrative proceedings in the Patent and Trademark Office; copyright registration, counseling, disputes and licensing; music and publishing counseling and agreements; domain name arbitrations before the World Intellectual Property Organization; endorsement and sponsorship agreements; advertising clearance; sweepstakes, contests and promotions compliance and management; merger and acquisition due diligence and IP-related agreements.

Recent Articles by Austin Padgett

No Infringement Intended: Insights on the Legality of Music Sampling

The practice of music sampling, which is the integration of pre-recorded sounds into new musical gestures, experienced a golden, unregulated age in the late 1980s that is almost unimaginable today. Major works like Public Enemy’s It Takes a Nation of Millions to Hold Us Back (1988) and De La Soul’s 3 Feet High and Rising (1989) layered dozens of samples on a single track, while massive commercial hits like Tone-L?c’s “Wild Thing” (1988) openly lifted core musical elements.

No Infringement Intended: Is My Guitar Pedal a ‘Klone’ or a Counterfeit? Insights on the Intricacies of Trademark Law

For many guitarists, finding the right tone is a lifelong pursuit. It’s the quest for the perfect sound—a sound controlled not only by the guitar or the amplifier but also by the complex chain of electronics connecting them. Central to this are the effects pedals, and few pedals have the same mythical status as the Klon Centaur. This legendary pedal, built by guitarist and designer Bill Finnegan in the 1990s, was the subject of a recent trademark lawsuit that drew a line between a respectful “klone” (often spelled with a “K”) and an infringing counterfeit.

No Infringement Intended: Will I Get Sued if I Create Another Hospital Drama? Insights on Derivative Works

Hollywood has a long history of building on success, which is why every television season brings a new wave of familiar teen dramas and medical shows, and why the “Law & Order” universe now includes more than half a dozen interconnected series. While these shows often borrow from the same bucket of typical genre tropes, the line between inspiration and infringement can sometimes lead to court cases.

No Infringement Intended: Can I Clean the Graffiti Off My Walls? When Intellectual Property and Property Rights Clash

Does owning a piece of property give you the absolute right to alter or remove any art that’s on it? That question was asked in the recent, high-profile dispute in Manhattan over the Elizabeth Street Garden, a public space beloved by residents that was transformed from a once-abandoned city lot into a sculpture-filled garden three decades ago. The city planned to demolish the garden to build affordable housing for seniors. In response, the garden’s advocates filed a federal lawsuit in February 2025, arguing the entire garden was a “physical and social sculpture” protected from destruction by the Visual Artists Rights Act (VARA).

No Infringement Intended: Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson’s Iconic Ink

Think of the distinctive lightning bolt scar on Harry Potter’s forehead, or the iconic “S” on Superman’s chest – certain images are so ingrained in our consciousness, they become inseparable from the characters themselves. Tattoos, in today’s era, have achieved a similar cultural ubiquity, morphing from personal statements into globally recognized symbols on the bodies of athletes, musicians, and movie stars. From Dwayne “The Rock” Johnson’s elaborate Polynesian sleeve to Post Malone’s face covered in ink, these designs are often as famous as the individuals sporting them. But when a tattoo becomes a fixture in the pop culture landscape, who truly owns its image? The legal landscape surrounding tattoo copyright is still being shaped, with recent court decisions adding layers to the debate.