In this episode of Naming in the AI Age, Ashley Elliott breaks down the two main trademark frameworks—DuPont and Polaroid. The DuPont Factors, used by the USPTO and TTAB, determine whether a name can be federally registered, while the Polaroid Factors, applied by courts, assess real-world trademark infringement and consumer confusion. Both focus on “likelihood of confusion” but in different contexts—one administrative, the other legal. Ashley walks through key elements like the strength and similarity of marks, proximity of goods, potential brand expansion, evidence of confusion, marketing channels, buyer attention, and intent to copy. Her core advice: choose distinctive, coined names, conduct early clearance checks, avoid crowded markets or soundalike brands, and keep an audit trail of your creative process. Pair AI-driven creativity with smart trademark vetting to build a brand that stands out and stays protected.