Not So Intellectual Property: IP for the People Sun, 08 Mar 2026 00:03:54 -0500 https://www.buzzsprout.com/1846631 en-us © 2026 Not So Intellectual Property: IP for the People yes 6facca5e-b1ff-526d-9960-a51ecab76160 Nick Gingo and Kyle Fleming episodic false Buzzsprout (https://www.buzzsprout.com) Nick Gingo and Kyle Fleming https://storage.buzzsprout.com/bpj6g49a0e4t13ymudmunshmsgzv?.jpg Not So Intellectual Property: IP for the People Moderna Points the Infringement Finger at the U.S. Government for Covid-19 Vaccine Moderna Points the Infringement Finger at the U.S. Government for Covid-19 Vaccine A fairly obscure law, 28 USC Section 1498 allows the U.S. government to use patented technology, so long as the patent holder is compensated. Although typically applied in the national defense context, Moderna now seeks protection under this section for its manufacture of a patented vaccine for Covid-19. In particular, Moderna argues that the infringement claims leveled against it should actually be brought against the government, because Moderna was acting as a government contractor in supplying vaccine doses to the U.S. government as part of the nationwide vaccine effort. Nick and Kyle explain what this law is all about, why it was implemented and how it is being applied in this ongoing case. 

]]> A fairly obscure law, 28 USC Section 1498 allows the U.S. government to use patented technology, so long as the patent holder is compensated. Although typically applied in the national defense context, Moderna now seeks protection under this section for its manufacture of a patented vaccine for Covid-19. In particular, Moderna argues that the infringement claims leveled against it should actually be brought against the government, because Moderna was acting as a government contractor in supplying vaccine doses to the U.S. government as part of the nationwide vaccine effort. Nick and Kyle explain what this law is all about, why it was implemented and how it is being applied in this ongoing case. 

]]> Nick Gingo and Kyle Fleming Buzzsprout-11831709 Wed, 07 Dec 2022 13:00:00 -0500 1168 full false The Fight for THE The Fight for THE The Ohio State University was able to register it’s THE trademark. In this episode, Nick and Kyle discuss the road OSU took to register their THE mark and how brand owners might want to take a page from the Buckeyes in assessing their own marks. 

]]> The Ohio State University was able to register it’s THE trademark. In this episode, Nick and Kyle discuss the road OSU took to register their THE mark and how brand owners might want to take a page from the Buckeyes in assessing their own marks. 

]]> Nick Gingo and Kyle Fleming Buzzsprout-11319479 Wed, 14 Sep 2022 13:00:00 -0400 1759 1 6 full false IP in the Wild East: The Russian Problem IP in the Wild East: The Russian Problem In this episode, Nick and Kyle discuss issues created by retaliatory sanctions by the Russian government against U.S. IP owners.

]]> In this episode, Nick and Kyle discuss issues created by retaliatory sanctions by the Russian government against U.S. IP owners.

]]> Nick Gingo and Kyle Fleming Buzzsprout-10764924 Thu, 09 Jun 2022 10:00:00 -0400 1857 1 5 full false Trademark Fraud at the USPTO: Don’t Be Sneaky! Trademark Fraud at the USPTO: Don’t Be Sneaky! Nick and Kyle discuss recent developments in the area of fraud in the patent and trademark office and how trademark owners can protect themselves from these claims in the future.

]]> Nick and Kyle discuss recent developments in the area of fraud in the patent and trademark office and how trademark owners can protect themselves from these claims in the future.

]]> Nick Gingo and Kyle Fleming Buzzsprout-10375246 Mon, 04 Apr 2022 10:00:00 -0400 2484 1 4 full false Not-Quite Everything You Need to Know: NFTs and Intellectual Property Not-Quite Everything You Need to Know: NFTs and Intellectual Property Nick and Kyle talk about Nonfungible Tokens (NFTs) and the potential intellectual property issues that surround them.  NFTs have been causing waves and our attorneys reflect on what to take into account if brand owners plan to throw their hat into the NFT ring. 

]]> Nick and Kyle talk about Nonfungible Tokens (NFTs) and the potential intellectual property issues that surround them.  NFTs have been causing waves and our attorneys reflect on what to take into account if brand owners plan to throw their hat into the NFT ring. 

]]> Nick Gingo and Kyle Fleming Buzzsprout-9762936 Tue, 21 Dec 2021 15:00:00 -0500 2943 1 3 full false NCAA (Finally) Plays Ball on Athlete Name/Image/Likeness Rights NCAA (Finally) Plays Ball on Athlete Name/Image/Likeness Rights With college athletes now allowed to cash in on endorsement deals that the NCAA previously denied them, Name, Image and Likeness (NIL) issues are all over the media the last few months.

In this episode of Not So Intellectual Property, Nick and Kyle talk about key considerations for athletes and brands when engaging in NIL agreements and how things might shake out now that the NCAA has punted on the issue. 

]]> With college athletes now allowed to cash in on endorsement deals that the NCAA previously denied them, Name, Image and Likeness (NIL) issues are all over the media the last few months.

In this episode of Not So Intellectual Property, Nick and Kyle talk about key considerations for athletes and brands when engaging in NIL agreements and how things might shake out now that the NCAA has punted on the issue. 

]]> Nick Gingo and Kyle Fleming Buzzsprout-9491258 Thu, 04 Nov 2021 15:00:00 -0400 2243 1 2 full false That's Not My Name That's Not My Name In the wake of recent social justice movements, many brands are rethinking their messaging and even retiring old trademarks.

In this episode of Not So Intellectual Property, Nick and Kyle discuss ways in which brand owners can potentially maintain protection for their old trademarks, even while moving forward with new branding and imagery. 

]]> In the wake of recent social justice movements, many brands are rethinking their messaging and even retiring old trademarks.

In this episode of Not So Intellectual Property, Nick and Kyle discuss ways in which brand owners can potentially maintain protection for their old trademarks, even while moving forward with new branding and imagery. 

]]> Nick Gingo and Kyle Fleming Buzzsprout-9281969 Wed, 29 Sep 2021 14:00:00 -0400 1429 1 1 full false