Case summary: Two persons, T and X had designed and manufactured a software, Hallowed for a videogame with the help of their friend, B. But before the launch of this software, a new videogame, halo 2, was released. The look, feel and source code of the two products are same.
To explain: The possibility that Hallowed receives protection as a trademark or trade dress.
Explanation of Solution
In the given case, Hallowed will not be provided with trademark or trade dress protection. It is because Hallowed was not registered by the persons T and X.
Trademark refers to a distinctive mark or design assigned to a product while Trade dress refers to an overall image or appearance of a product. A trademark or trade dress is infringed when it is copied to an extensive degree or wholly, deliberately or unintentionally. When a trademark is infringed, the owner of the trademark can take action against the infringer.
However, in the given case, the persons T and X cannot sue the owner of Halo 2 since they did not take protection for their software, Hallowed.
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MindTap Business Law, 1 term (6 months) Printed Access Card for Cross/Miller's The Legal Environment of Business: Text and Cases, 10th (MindTap Course List)
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