Does Your Podcast Name Need a Trademark?

Thinking Outside the Box

Today's talk about Podcast Trademarks was inspired by a Facebook post. As a tech support person for Libsyn I see a large number of podcasts on a weekly basis (get a free month at Libsyn.com using the coupon code sopfree ). I always find it interesting when people are launching a NEW show and when I go to look up their account, I see that there is another show with the same name. One of my favorite examples is the name "Outside the box"

If only there was a tool where you could search the Internet to see if anyone is using the name?

Podcast Honeymoons

Sometimes we skip steps like this because we are so excited, and we just can't hide it, and we move forward without doing something like a quick Google Search or a search in Apple. This can also continue as you enter what I'm calling Podcast Honeymoon.

This about when you find someone to date, and HOLY COW they just check every box. You do fun things like celebrating your one-month anniversary. You celebrate the anniversary of anything and everything (your first email, phone call, first date, first kiss). You are what my mother use to call GAGA (way before Lady Gaga). You think about the time

Fast forward nine months later and that awesome accent that was so quaint is now like nails on a chalkboard. I recently went to watch my ex-step-son graduate from Perdue University with my ex-wife. My ex-wife is a person who must examine ALL options before making a decision and I was like, "Oh, I remember this as she tried to decide the t-shirt or hoodie, and black vs white."

What does this have to do with podcasting?

When you first start a podcast you may be thinking about it all the time. You may start to have issues at work. You may be working at your podcast at work (not recommended). You might be thinking about your podcast when you are with your family. I'm reading Howard Stern's new book Howard Stern Comes Again, and he talks about how he was obsessed with ratings and consequently, was not a great husband or father. I did the same thing. While both my ex-wife and I will admit "we probably shouldn't have got married in the first place" podcasting was a source of tension. I know of people who edit their podcast on the clock at their job.

I'm here to remind you that is not an option. If it has been a while since you did a job search. Before I worked at Libsyn, the last teaching job I got took a while to get hired even though I had decades of experience and a degree. It is easier said than done, but jumping off a cliff and building the plane on the way down may not be the best choice you've ever been

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Talking Podcast Trademarks with Gordon Firemark

Gordon is the producer and host of Entertainment Law Update., a podcast for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry. He is the author of The Podcast, Blog and New Media Producer's Legal Survival Guide.

Do I need one for my show?

How do they protect me?

How much do they cost?

Check out all things Gordon Firemark at Firemark.com

Check out his Podcast Law Book

Check out the Podcast Release Form

Mentioned In This Episode

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