Cedar City, UT asked in Intellectual Property and Trademark for Utah

Q: Is the name of my podcast infringing a trademark, and should I change it?

I have a podcast, and we are just coming up on 10 episodes this weekend. After a google search, and I don't know why I didn't think to do this before, we realized that there is another podcast by the same exact name as ours! In fact, there are two or three. I'm worried we could get into hot water later. Would it be helpful to just add a subtitle? Say my podcast was named 'Podcast' could I just add to it, like 'Podcast: A Podcast'?

4 Lawyer Answers
Omar Darwich
Omar Darwich
Answered
  • Trademarks Lawyer
  • El Paso, TX

A: So I don't want to sound like Im beating a dead horse, but you should consult with an attorney.

That might not be enough to pass the likelihood of confusion test or perhaps there might not be a need to add that subtitle.

consult with an attorney! we dont bite

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Nicole Schaefer
Nicole Schaefer
PREMIUM
Answered
  • Trademarks Lawyer
  • Beaverton, OR

A: Hi!

I would recommend having a lawyer run a comprehensive search for you. This will allow you to find out if those other names are registered trademarks. If they are, you may have to rebrand. If they're not, good news! Then you should register yours so you don't have to worry about this later. I hope that helps!

Marcos Garciaacosta agrees with this answer

1 user found this answer helpful

Brian J Elliott
Brian J Elliott
Answered
  • Trademarks Lawyer
  • Cedar Park, TX

A: Answers:

Could you get in hot water later? Yes, probably.

Is rebranding after 10 episodes less costly than a trademark fight later? Yes, certainly.

Does a slight rebranding reusing the same mark with minor changes provide unbreakable protection? Not likely.

What should you do? Call an attorney.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta
Answered
  • Trademarks Lawyer
  • Mesa, AZ

A: Before you make any changes consult with an attorney to assess your risks and options.

If you go down the path of making any changes you may as well do what is necessary to avoid issues.

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