IP issues in trademark and patent law

Between February 10 and 25 March 2005, Shae Spencer Management, LLC of Fairport, New York filed a trademark application to register the term “podcast” for an “online prerecorded radio program over the internet”. On September 9, 2005, the United States Patent and Trademark Office (USPTO) rejected the application, citing Wikipedia‘s podcast entry as describing the history of the term. The company amended their application in March 2006, but the USPTO rejected the amended application as not sufficiently differentiated from the original. In November 2006, the application was marked as abandoned.^[22]

As of September 20, 2005, known trademarks that attempted to capitalize on podcast included: ePodcast, GodCast, GuidePod, MyPod, Pod-Casting, Podango, PodCabin, Podcast, Podcast Realty, Podcaster, PodcastPeople, Podgram PodKitchen, PodShop, and Podvertiser.^[17]

By February 2007, there had been 24 attempts to register trademarks containing the word “PODCAST” in the United States, but only “PODCAST READY” from Podcast Ready, Inc. was approved.^[23]