Copyright and Trademark

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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Option Agreements vs Shopping Agreements: Turning a Screenplay, Novel, Board Game, Video Game and more into Film and Television

By / March 21, 2025

Whether a creator has designed an immersive tabletop game, written a page turning novel, or developed an innovative video game – receiving interest from others in turning their creative work (Property) into a television show or movie is an exciting prospect. But the terminology of Option Agreements, Shopping Agreements, Attachment Agreements and more can be …

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Odin Law and Media Files Amicus Brief with U.S. Supreme Court Supporting Digital Privacy in Trademark Applications

By / January 9, 2025

Firm challenges US Patent and Trademark Office’s privacy-compromising requirement for domicile addresses FOR IMMEDIATE RELEASE Raleigh, NC – 16 July 2024 –Odin Law and Media (OLM), a leading firm specializing in digital media and game development law, is proud to announce its representation of the International Game Developers Association (IGDA) and CodeMiko in filing an amicus brief …

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Video Game Developers and Work For Hire Agreements

By / March 21, 2025

Indie developers frequently outsource portions of game development to independent contributors (i.e., contractors). But depending on what agreements, if any, the primary devs have in place with any contracted contributors, the primary devs might not own their game outright. Even so, when devs start making a game, one of the last things they think about …

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Understanding Open Source Licenses: A Guide for Game Developers

By / March 21, 2025

When working on a game development or software project, understanding open source licenses is crucial. These licenses dictate how developers can use, modify, and distribute open source software. In this blog post, we’ll break down the essentials of open source licenses, focusing on the differences between permissive and copyleft licenses, and how they impact the …

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