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 …
When Should Companies Start Thinking About Trademark Registrations? Read More »
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 …
Why Game Developers Should Do Their Due Diligence on Game Names Before Launch Read More »
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 …
Reverse Trademark Infringement: The OpenAI Case and Its Implications Read More »
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 …
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 …
Maryland’s Kid’s Code: Preparing for the October 1, 2024 Deadline Read More »
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 …
Social media account ownership when a content creator relationship breaks down Read More »
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. …
US state privacy law update: what’s on the menu for 2024 Read More »
On January 9, 2024, the US Department of Labor issued a Final Rule on Employee or Independent Contractor Classification under the Fair Labor Standards Act, returning to its prior multi-factor test for worker classification. In with the old and out with the new The “new” Final Rule isn’t so much new as it is a …
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 …
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 …