Can an editorial website share the same name as a trademarked podcast? Or would I need to come up with something completely different? Could I tweak it just enough to avoid issues?
Great question! And, like any good legal answer—it depends.
Let’s break it down. A podcast and an editorial website could fall under similar classifications at the United States Patent and Trademark Office (USPTO). There are 45 different classes for trademarks. The first 34 cover products, while classes 35-45 cover services.
Most podcasts and editorial websites land in Class 41 (Educational & Entertainment Services). If the website is purely about collaboration—like a community platform—it might be categorized differently, but if it’s about content publishing, it likely falls into Class 41.
So, is there a conflict?
Probably not, unless the editorial website is about podcasts or offers podcast-related services. For example, if you’re running a podcast about cars and someone else has a website about website design, even if the names are identical, there’s no likelihood of confusion. But if both are about business or consulting, that’s a problem.
For instance, if you launched “Bold Inventor Podcast” and someone else started “Bold Inventor Website” as a hub for inventors, that could cause a conflict. The overlap in audience and subject matter makes confusion more likely.
Duplicating a Product’s Packaging—Is It Legal?
I’m manufacturing a product and want to duplicate a competitor’s chipboard box. I reverse-engineered the packaging, recreated the die cuts, and now have an identical design. My attorney thinks it’s too basic to be patented, but I want to be sure before production. How do I check?
Smart move doing your homework! Here’s what you need to know:
- Check for Design Patents. Design patents protect the appearance of a product, not its function. Look up existing patents to see if your competitor has one on the packaging.
- Consider Trade Dress Laws. Even if there’s no patent, the look and feel of the box could be protected under trade dress. If your packaging is too similar, the brand could claim you’re misleading customers.
- Freedom to Operate (FTO) Search. This is a deep-dive analysis by a patent attorney to check for infringement risks. If you’re serious about mass production, spend the money on this. It could save you from costly legal battles later.
- Make Small Changes. If your box looks identical, tweak the design. Change dimensions, shape, or cut patterns. There’s no set rule (like 25% difference), but the goal is to make it unique enough to avoid confusion.
Fastest Country for Trademark Registration
I want to trademark a name as fast as possible. Which country processes trademarks the quickest?
Caribbean nations tend to have some of the fastest approvals. Larger companies, like Apple, sometimes file in smaller foreign jurisdictions first, then use the Madrid Protocol to extend protection to other countries later. This strategy can delay public disclosure while securing trademark rights.
That said, why the rush? Unlike some countries, the U.S. grants trademark rights based on use, not just registration. If you’re not actively using the trademark, it may not hold much weight.
Accidentally Infringing a Patent—What Happens?
What if I create a product that accidentally infringes on a patent?
Ignorance isn’t a defense. Even if you didn’t know, you can still be sued. Typically, here’s how it plays out:
- You receive a cease-and-desist letter from the patent holder.
- If you haven’t started selling yet, they might just ask you to stop.
- If you’ve made sales, you could be liable for damages.
No criminal charges—just civil liability. But if you’ve invested heavily in production, you may need to negotiate a licensing deal or purchase the patent.
Using a Trademarked Name for a Different Business
I want to name my media company after a trademarked sunglass brand. Their name is for a specific product, not the company itself. Can I add “Media” to the end and still use it?
Most likely, yes—unless the brand is highly distinctive.
- If the name is a common word, like “Vision”, you’re probably fine.
- If it’s made up (e.g., “Xerex”), their trademark protection is broader.
- If your media company has any connection to eyewear, that could be risky.
Consult an attorney for a full clearance search, but generally, adding “Media” to a non-famous brand name should be safe.
These trademark and patent issues can get complicated fast. If you’re unsure, a legal consultation is always worth the investment. Avoiding legal trouble now is far cheaper than dealing with lawsuits later!