Copyright and Trademark

Fanart for Sale: Navigating Copyright and Trademark Risks

By / August 5, 2025

Crowded convention aisles often feature tables piled high with vivid prints of iconic game protagonists, anime heroines, and nostalgic cartoon mascots. Shoppers delight in seeing fresh artistic spins on familiar favorites, and individual artists rely on those sales to recoup travel costs, or even finance full-time creative careers. Yet every charming mash-up or stylized portrait …

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VTuber IP 101: Protecting Avatars, Content, and Branding

By / July 9, 2025

One of the most common concerns VTubers have is what intellectual property rights and protections they need to be aware of. We previously wrote briefly about intellectual property rights in VTuber avatars in our “VTubers: Avatars, Anonymity, and Agencies” blog post and about ownership over avatars in Corpo VTuber and Agency relationship in our “Legal …

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Reaction Videos and Their Copyright Implications

By / June 17, 2025

Reaction videos, in which creators capture and share their responses to content such as video games, music, viral trends, and movies, have emerged as one of YouTube’s most compelling and popular genres. In fact, recent studies reveal that over half (54%) of YouTube viewers prefer watching creators react to events rather than viewing the original …

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3 Things Developers Get Wrong About IP

By / June 9, 2025

In the push to meet milestones and impress publishers, development teams often treat intellectual property (IP) as a box to tick rather than a strategic asset. The result can be costly detours exactly when momentum matters most: disputed titles, ownership surprises or stalled funding rounds. Understanding where misunderstandings typically arise helps studios safeguard creativity, preserve …

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When Should Companies Start Thinking About Trademark Registrations?

By / April 17, 2025

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

By / March 27, 2025

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

By / February 19, 2025

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)

By / February 12, 2025

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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The Games Industry in 2025: Our Optimistic Perspective

By / January 16, 2025

The past couple of years have been a rollercoaster for the games industry, with significant layoffs and economic challenges dampening spirits. However, 2025 brings a sense of optimism. Many have managed to “survive to 25.” The industry is poised for recovery, with growth opportunities across emerging markets, cultural shifts, and technological advancements. Political uncertainty may …

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Trademark: USPTO 2025 Fee Hikes

By / January 23, 2025

The USPTO is raising its trademark-related fees beginning January 15, 2025. TL;DR: Anyone considering filing a trademark application should assess whether the new fees will apply to them. If so, they could consider filing before January 15, to save on fees. Also, Trademark Registration holders who need to submit maintenance documents, should do so before …

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