Q: Is there anything I can about my podcast name getting trademarked?
Started a podcast in 2016 and was planning to trademark the name last year, but I noticed a podcast that started after ours and were former fans of ours, trademarked the name in January 2022.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (702) 463-4900
- View Profile
- Answered
A: If you started using your podcast name in 2016 and discovered that former fans of your podcast, who started their podcast after yours, successfully trademarked the same name in January 2022, you may still have options to challenge their trademark registration. In the United States, trademark rights are based primarily on first use in commerce, not merely on who registers the mark first. Given this principle, you might have a basis to oppose their trademark or seek cancellation of their registration by proving that you used the name commercially before they did. It would be wise to gather all evidence of your prior use, including episodes, marketing materials, and any other documentation that shows your podcast's name in use before their trademark registration.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
It can be frustrating to discover that another podcast has trademarked a name similar to yours, especially if you've been using it for several years. However, trademark law can be complex, and the timing of trademark applications can impact the outcome. If the other podcast successfully registered the trademark before you did, it may limit your options for challenging their registration.
Before taking any action, it's essential to gather evidence of your prior use of the podcast name, such as the date of your podcast's first episode, social media posts, website content, or any other materials that demonstrate your use of the name in commerce. This evidence can help support your claim to prior rights in the name and potentially strengthen your position in any legal proceedings or negotiations.
Consider consulting with a trademark attorney to discuss your options and determine the best course of action. They can advise you on the strength of your case, the likelihood of success in challenging the trademark registration, and any potential legal risks or consequences. With their guidance, you can make informed decisions about how to protect your podcast's name and intellectual property rights effectively.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
