Michele Robichaux

Michele is an attorney at Odin Law and Media. Her transactional law experience has led her to specialize in the legal issues that affect creators of all kinds. With an extensive background as a Big Law associate, In-house counsel for US and European social media and entertainment companies, and as legal and business advisor to clients in both the US and Europe, she brings not only skill and know-how but also diverse experience and perspective to her clients. She can be reached at michele at odin law dot com.

When Should Companies Start Thinking About Trademark Registrations?

The Answer: The Earlier, the Better! More and more we are seeing companies in the games space having to change the names of their studios or games – or having to pay a prior rights owner for the right to keep using the name. Why? Usually it’s because the companies in question did not file …

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Why Game Developers Should Do Their Due Diligence on Game Names Before Launch

The gaming industry is more competitive than ever, with thousands of games released annually across various platforms. While developers focus on gameplay mechanics, graphics, and marketing strategies, one critical aspect often overlooked is the legal viability of a game’s name. Failing to conduct thorough research before launching a game can lead to costly consequences, including …

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Reverse Trademark Infringement: The OpenAI Case and Its Implications

Trademark disputes are common in business. Most cases involve a smaller entity allegedly infringing upon a well-known brand. However, reverse trademark infringement flips this dynamic. It occurs when a larger, more prominent company is accused of infringing upon the already existing trademark of a smaller, lesser-known entity, leading to brand dilution and consumer confusion. Understanding …

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The U.S. Copyright Office’s AI Report Part II: AI Creations May Be Copyrightable (With Enough Human Involvement)

After months of anticipation, the U.S. Copyright Office (USCO) has published the second part of its three-part report on the copyright issues raised by artificial intelligence (AI). Titled “Copyrightability,” this part focuses on whether AI-generated content is eligible for copyright protection in the U.S. The key takeaway? AI-generated works can be eligible for copyright protection—if …

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Maryland’s Kid’s Code: Preparing for the October 1, 2024 Deadline

In just a few days, on October 1, 2024, Maryland’s new Kid’s Code (also known as the Maryland Age-Appropriate Design Act) will go into effect. What is the Maryland Kid’s Code? The Maryland Kid’s Code, signed into law this past May, draws inspiration from the UK and California Age Appropriate Design Codes and aims to …

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Social media account ownership when a content creator relationship breaks down

This week, the US Court of Appeals for the Second Circuit vacated portions of the US District Court for the Southern District of New York’s decision in the JLM Couture, Inc. v Hayley Paige Gutman case. Among other things, the case involved the determination of social media account ownership and the enforceability of non-compete obligations …

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US state privacy law update: what’s on the menu for 2024

In this article, we’ll be taking a basic overview of the new state privacy laws becoming effective in 2024, what they have in common, and where they differ. Since the Utah Consumer Privacy Act (UCPA)was technically only in effect for one day in 2023, we’ve included it in this 2024 roundup as well. 2023 U.S. …

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What are the risks of influencer whitelisting?

Creators should be aware that there exists a good amount of risk with influencer whitelisting. The first, and often overlooked, risk a creator faces with respect to whitelisting is a lost opportunity to earn what their services are worth if whitelisting isn’t carved out as an “added” service in the agreement. Often the Odin team …

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What is influencer whitelisting?

Influencer whitelisting, or content creator whitelisting, may seem like it’s been around for years but it is still a relatively new marketing tool. It started somewhere around 2017 and has become more prevalent since the pandemic. But what, in fact, is it? Influencer whitelisting At its core, influencer whitelisting is a process by which creators …

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