Book Title
10th Edition
ISBN: 9781337605656
Author: CROSS
Publisher: CENGAGE L
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Question
Chapter 8, Problem 1RE
Summary Introduction
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.
Expert Solution & Answer
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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