Podcasts continue to grow in popularity. If you’re a podcaster, or you’re thinking of launching your own podcast, what do you need to know about trademarks? I’ve put together some Podcast Trademark Tips to help keep podcasters out of legal trouble and guide them towards brands that they can own and protect.
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Keep it Legal Blog
Copyright Question: Are Space Photos in the Public Domain?
April 28, 2015
We’re all used to seeing NASA’s magnificent photos of our universe. Because NASA is an agency of the US Government, those photos are not copyrightable. They’re part of what’s referred to as the Public Domain. That means anyone can do anything with NASA’s space photos; we all own them. But what about photos taken by a private space company like SpaceX, which was founded by Tesla’s Elon Musk?
Zombie Trademarks: Macy’s in Legal Battle Over Legacy Brands
April 21, 2015
The Walking Dead‘s season may be over, but zombie trademarks continue to roam the earth. In this case, the undead include Bullock’s, Robinsons-May, Filene’s, and Jordan Marsh. Will Macy’s be able to prevent another company from using those legacy department store brand names? Will I be able to resist lots of corny zombie jokes? (Spoiler alert: the answers are “maybe” and “of course not.”)
Trademark Question: Is Just Offering a Service “Use in Commerce?”
April 14, 2015
Individuals or companies looking into trademark protection often run into the phrase “Use in Commerce.” In order to obtain a trademark registration from the United States Patent and Trademark Office (USPTO), the applicant has to demonstrate use in commerce (specifically, interstate commerce, meaning more than one state is involved.) A court recently considered whether having a website up and running qualified as “use in commerce” for a service, or if it was necessary for the service to actually be rendered in order to satisfy the USPTO’s requirements. So what does “Use in Commerce” actually mean for a service-based business?
