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Re:How to get on TechCrunch by petercooper on Saturday February 06, 2010 @03:50PM (#1106643)
karjaluoto already sorta mentioned it in a comment on here, but a key aspect of this is that usually (but not always!) trademarks only cover names for a certain type of product or within a certain area of industry - the main goal of trademarks is to prevent consumer confusion. (For example, for many years in the UK there used to be both a lemon juice and a kitchen cleaner called Jif. The kitchen cleaner only became Cif to match the European brand name.)

If you created a fabric conditioner called "Microsoft" with a radically unique logo, then Microsoft probably wouldn't have a good trademark case, but they could cause one hell of a fuss and most likely bankrupt the defendant from legal costs alone. This guy and his company almost certainly couldn't do that to Discovery and since they're not using the trademark in the same line of business, the chances of them winning and getting any costs back would be low.

Re:How to get on TechCrunch by karjaluoto on Saturday February 06, 2010 @04:02PM (#1106655)
Precisely.

In fact, on the day of the video, we had started with the discussion, "do we change the name of our company?" This, however, turned out to be a much more enjoyable option.

It's a little like the "Michael Bolton" bit in the movie Office Space. Although the singer (in this fictional setting) knew little of the inconvenience caused to the fellow who he shared a name with, it became a nuisance nevertheless.

That was the spot we were in. We didn't feel that Discovery had done anything deliberate here. They likely just came up with a name (or the producers of the program did) and used it. They may have seen that someone had the URL and was operating with it, but didn't think much more of it.

In a way, I'm quite happy that the program is so bad. (Well, from what I hear at least--I've only watched a brief snippet.) Being so poorly received means that the program will likely not be renewed. Sure, it will live on in syndication for another few years, but we'll likely outlive it.

If we would have been called Mythbusters... we would have been completely screwed. ;-)

Re:How to get on TechCrunch by jbenz on Saturday February 06, 2010 @04:41PM (#1106717)
Maybe Discovery chose the name SmashLab in order to (subconsciously?) piggy back on the popularity of their other show, CashCab. I mean, they rhyme.
Re:How to get on TechCrunch by karjaluoto on Saturday February 06, 2010 @05:18PM (#1106778)
Could be. It sure will make the next round of programs tricky, though, won't it?

- TrashFlab - BrashGrab - GashBlab

Oh... it's going to be ugly. ;-)

Re:How to get on TechCrunch by petercooper on Saturday February 06, 2010 @04:06PM (#1106661)
BTW, assuming you're the guy from the video.. good job. It reminded me of Ze Frank a bit (a good thing) :-)
Re:How to get on TechCrunch by karjaluoto on Saturday February 06, 2010 @04:17PM (#1106680)
Thanks--glad you liked it! I worry about the Ze Frank feel. He's great (and I do appreciate the compliment), but I really don't want to rip him off.