What color says luxury before you open the box? What sound makes you grab the popcorn before a movie starts? In this episode of IP Goes Pop!®, hosts Michael Snyder and Joseph Gushue explore how color, sound, and even scent can function as protectable trademarks.

From Smell-O-Vision and John Waters' Odorama cards (Polyester) to modern twists like The Artist and Black Mirror: Bandersnatch (and the trademark fight it sparked), the conversation shows how sensory storytelling grabs attention and how the law can recognize those cues as brand identifiers. Mike and Joe break down secondary meaning (Qualitex v. Jacobson), functionality, and why precise descriptions matter.

In this episode:

• How non-traditional trademarks work, and what it takes to protect them

• The legal hurdles: secondary meaning, functionality, and clear scope drafting

• Iconic examples in action:

• • Tiffany's robin's-egg blue jewelry boxes

  • Louboutin's red-soled heels

  • John Deere's green-and-yellow equipment

  • NBC's three-note chime and the MGM lion's roar

  • Hasbro's Play-Doh scent

Bottom line: the strongest trademarks are not just seen, they're felt.

Key Moments:

(00:51) Defining non-traditional and non-conventional trademarks

(02:25) Examples of Nontraditional Media

(11:05) Trademark Foundations

(13:49) Color Functionality: The Legal Red Line

(15:44) Case Study 1: Tiffany Blue Trademark

(20:40) Case Study 2: Louboutin's Red Sole Trademark

(24:54) Case Study 3: John Deere Green & Yellow Trademark

(26:18) Sound & Audio Trademarks

(33:44) Scent Marks

(36:52) Touch Marks & Future Frontiers

(37:10) Final Thoughts & Takeaways

For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.

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Enter the 36 Chambers of intellectual property as hosts Michael Snyder and Joseph Gushue spin the story of Wu-Tang Clan's mysterious, one-of-a-kind album Once Upon a Time in Shaolin, and the first-of-its-kind legal case it inspired.

From Staten Island's kung-fu-infused hip-hop origins to a high-stakes sale cloaked in secrecy, Michael and Joe trace how a creative experiment in artistic exclusivity turned into a potential landmark in trade secret law.

When Wu-Tang recorded a single physical copy of Shaolin and sold it under an ultra-restrictive contract, few imagined the album would pass through the hands of a disgraced pharma executive, the U.S. Marshals Service, and finally a blockchain collective (PleasrDAO). Now, this rare recording sits at the crossroads of copyright, contract law, and the Defend Trade Secrets Act (DTSA).

Listeners will hear how secrecy became the source of value, why traditional copyright doctrines fall short in this context, and what this case reveals about the future of digital ownership, exclusivity, and authenticity. Along the way, the hosts connect the dots from Banksy's self-shredding artwork to Coca-Cola's guarded formula, exploring how the world's rarest album could redefine how we protect creative works.

💡 Lessons for Artists, Collectors & IP Enthusiasts

• How exclusivity and secrecy can enhance the value of creative works

• Why trade secret law might apply to art and music

• The limits of copyright and first sale doctrines in one-of-one works

• How blockchain and smart contracts reshape ownership rights

Whether you're a Wu-Tang devotee, a lawyer fascinated by emerging IP frontiers, or an artist crafting your own legacy, this episode proves that Wu-Tang didn't just change hip-hop...they may have changed IP law.

Key Moments:

(01:29) Introduction to Wu-Tang Clan Origins in Staten Island, New York (1992)

• Wu-Tang Clan members and their roles

(05:14) Once Upon a Time in Shaolin: The Exclusive Album

(10:06) The Album's Ownership Journey

• PleaserDAO (finalized in 2021)

(15:14) Exhibition of Album at the Museum of Old and New Art (MONA)

(17:21) Current Legal Battle: PleaserDAO vs. Martin Shkreli (2025)

• Trade Secret Episodes of IP Goes Pop!

  • Intellectual Property Urban Legends: Taking on Myths About IP in Popular Culture

  • You Can't Do That: What IP Cannot Protect

(21:47) Court's Evaluation of Trade Secret Claim

• Banksy Shredding Art Work

(27:23) Rap Genre's Contributions to IP Law

(28:44) Defend Trade Secrets Act (DTSA)

(29:56) Final Thoughts

For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.

Connect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.

Swing into the world of intellectual property and untangle the legal threads behind legendary wall-crawling comic book character, Spider-Man. From comic book origins to blockbuster films, hosts Michael Snyder and Joseph Gushue trace Spidey's journey through pop culture, the U.S. Patent Office, and the courtroom.

From Stan Lee and Steve Ditko's Amazing Fantasy #15 to Tobey Maguire, Andrew Garfield, and Tom Holland on the big screen, Michael and Joe explore how each era shaped Spider-Man's generational appeal—and his IP story.

Listeners' "spidey senses" will tingle at the tale of a toy web-shooter patent that reached the Supreme Court in Kimble v. Marvel Entertainment (2015), sparking lessons in royalty agreements and licensing strategies. The host take a deep look into other intellectual property aspects of the Spider-Man universe.

💡 Lessons for Inventors & Licensors

• Structuring effective patent royalty agreements

• Distinguishing patents from "know-how"

• Strategies for royalty payments and long-term value

• Benefits of separating patent rights from non-patent rights in licensing deals

Whether you're a comic book fan, superhero film buff, or budding entrepreneur, you'll find plenty to stick to in this deep dive into Spider-Man's IP.

Key Moments:

(01:53) Spider-Man's Rich History in Pop Culture

• Origin and first appearance: Amazing Fantasy #15 (1962)

• Spider-Man Theme Song from Original Cartoon (YouTube)

(05:31) Spider-Man Movies and the Spider-Verse

• Spider-Man pointing meme

(13:41) The Spider-Man Toy Patent

• Stephen E. Kimble's "Toy Web Shooting Glove" patent (US5072856A, 1990)

• Marvel's Web Blaster toy

(20:27) Patent Expiration and Royalty Agreements Timelines

(26:54) Drafting Patent License Agreements

(31:16) Peter Parker as an Inventor

(32:19) Final Thoughts on IP Law and Pop Culture

For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.

Connect with IP Goes Pop! Request episode topics, and share your feedback with us on Facebook, Linkedin or Twitter, and Instagram using the handle @volpeandkoenig.