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One of the main issues in Podcasting from my point of view is that the names of Podcasts are not respected. You can go to Anchor and create a Podcast with someone else's name, and Anchor allows it. You add it to the Apple Podcast and Apple allows it. Same Spotify. And so all.

When I created my podcasting platform with the name TuPodcast (Your Podcast), no one was using that name. A Google search will show you that this is no longer the case. 😞

@ernestoacostame Yeah, You’d have to file for a trademark protection to be able to enforce it. Sort of like having a business in a different state with the same name.

@dave Yes, but for example, a podcaster named Tupoka Ogette, who lives in Germany, created a podcast with the name TuPodcast. If I register the name in the USA (which is not cheap), I think I also have to do it in the country where I am going to file my claim. That a normal person cannot afford.

@ernestoacostame @dave
I've never copywritten any of my podcast names in the past. Then again, none of them were ever big enough to be considered a "brand".

The only exception being the Life on Fire podcast back in 2006. That was back when I was religious and podcasts were so niche that we had a whopping 500 downloads per new episode per week.

@ernestoacostame I think @jamescridland has experience with this for Podnews. Maybe he can give advice.

@dave @ernestoacostame Ernesto - you don't have to register a trademark in your home country. A US trademark is enough to threaten Apple (who is a US-based company) or Anchor (likewise) to remove a podcast with your registered trademark in it. Registering a registered trademark is expensive, and also takes around nine months.

@dave @ernestoacostame BUT - if your copycat has registered the trademark in their home country, then they can object to Apple pulling them down. Not entirely clear what happens next.

I have an agreement with Podnews® in Germany that they'll only produce podcasts in German with German descriptions (and that I, owning Podnews® in the US and Canada, won't).

@dave @ernestoacostame Finally, the easiest way to protect your podcast name is to make it unique and obvious. "TuPodcast with Ernesto Acostame" as your podcast title is going to be clearly different from the other one; with the additional benefit that a search for your name will also return your podcast. This is cheap, instant, and almost always the best bet.

@jamescridland @dave @ernestoacostame This is why we are "Fun Fact Friday with Leila and David". Fun Fact Friday is all over the place, but with our names added, we're unique.

@ernestoacostame To be fair, I actually searched before creating The Collective Cast. Nobody owned the domain collectivecast.com or anything.

Then it turned out that there WAS a "Collective Cast" podcast already but it is from something called the Uncommon Voice Collective.

So, they call themselves The Collective Cast, but that technically isn't their proper name. So, it's weird...

@chrislw Yeah, I think this should be resolved somehow. It is chaos.

@ernestoacostame
In general this has not because of any podcasting feature. The same goes for book titles and song titles, etc. Titles aren't copyright-able. If you need to protect your title you will have to go the Trademark route.

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