Q: We are starting a podcast and I'm wondering if using Butterbeer in the name could get us into trademark trouble?
If using any unique signifier from any pre-existing source (Harry Potter novels/movies, in this case), I would indeed worry about that.
Your first step before committing to that brand is to consult with a trademark registration attorney who, will be able, in addition to registration process services, also be able to assist you with a comprehensive search of existing registered trademarks in the Federal database, state-based and common law marks, and other brands, domain-names, and usages in existence that your use might infringe upon.
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