Well This will be good.


A TV show’s name can be trademarked, but based on a “likelihood of confusion” balancing test developed by the courts. (similarity of the marks, relatedness of goods/services, strength of mark).

We are looking at a TV show with the same name, general format, and content as an existing media property. The likelihood of confusion is very high — my initial reaction when reading the article was in fact to look for a mention that this is a TV show based on the podcast. The counter to that is that the term is fairly generic, as I have already mentioned.

It’s not that I am saying that they cannot use it, just that I wondered if they struck an arrangement to avoid any potential legal headaches.

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