Seven checks before a name goes on a podcast, an album, or a hoodie.
Maren Wade's "Confessions of a Showgirl" has been around since about 2014, with a federal registration. Taylor Swift released The Life of a Showgirl. Swift says an album title is expressive, and that fans will not be confused about who it comes from. That is the public status as of this posting. It can change.
What a trademark actually protects
A trademark is a name that tells people who a product or service comes from. It does not lock up the words themselves. Rights come from use. Registration adds nationwide presumptions.
One title is not one trademark
The USPTO will not register the title of a single creative work for that work (TMEP §1202.08). A series title can be registered: a podcast, a show, a book series. So can a brand you use on merch or other goods and services.
What that means: if you want protection, name the podcast or the show as a series brand, and file for the goods you will actually sell.
Art gets breathing room
Courts often apply a free-speech filter, Rogers v. Grimaldi, to titles of expressive works. The questions are whether the title is artistically relevant, and whether it explicitly misleads about source. A title that is art usually survives. A title that is a brand gets ordinary scrutiny.
Merch changes the rules
After Jack Daniel's v. VIP Products, 599 U.S. 140 (2023), when you use a name as a brand on products, the free-speech filter drops away. The question is plain likelihood of confusion: similarity, related goods, overlapping buyers, actual confusion, and intent.
Reverse confusion, the small-creator problem
When a famous user swamps a smaller senior user, the risk is that the public thinks the small brand copied the big one. Wade's filing makes this kind of argument: that her identity was "absorbed." This is why your registration date and your proof of use matter.
What to do this week
Run the checklist below before you announce a name. Keep dated proof of first use. Budget for a clearance search on anything you will put on merch.
The Name Check
- Knockout search. Search the USPTO trademark database (tmsearch.uspto.gov) for the exact name and for sound-alikes and spelling variants, in your classes. Examples: class 41 entertainment, class 25 clothing, class 9 downloadable media.
- Common-law search. Google, Spotify and Apple Podcasts, YouTube, Instagram and TikTok handles, Etsy and Amazon, and state business registries.
- Single title, or a series or brand? If you want protection, structure it as a series, or as a brand used on goods or services.
- Descriptive or distinctive? Invented and arbitrary names are strongest. "Best Podcast" is weakest.
- Merch plan. List the goods you will sell in the next 12 months. That is where conflicts bite.
- Proof of first use. Screenshot and date your first public use, your first sale, and your first episode.
- Domain and handles. Secure them the same day you decide.
A line for your files:
Name: ____ · First public use: __/__/__ · Classes: __ · Searches run: USPTO ☐ Google ☐ socials ☐ · Conflicts found: ____ · Decision: ____
A note before you file
This guide is general legal information, not legal advice. It does not create an attorney-client relationship. Trademark law varies by country and by facts. Talk to a licensed trademark attorney before filing or launching. Case details reflect public reporting as of this posting and may change.
Sources
- Rolling Stone (24 Sep 2026)
- USPTO TMEP §1202.08
- Jack Daniel's v. VIP Products, 599 U.S. 140 (2023)
- Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989)