Top 5 Legal Issues for Podcasters – Number 2: Trademark Infringement

In this five-part series, we examine each of five potential intellectual property pitfalls podcasters can face and the steps you can take to reduce the likelihood of having one of these issues be the centerpiece of a lawsuit with your podcast’s name on it. 2. Trademark Infringement A trademark is something that identifies goods or services as coming from a particular source. A trademark can be a word, a logo, a sound, or even a scent. If your podcast has a name, you need to be concerned about whether that name infringes someone else’s trademark rights. Unfortunately, given that trademarks, like copyrights, do not require registration, there is no central repository to determine definitively whether or not the name of your podcast infringes someone else’s trademark. The United States Patent and Trademark Office website contains a definitive list of all federally registered trademarks, but does not include a list of state and common law trademarks. In the…

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