Lindsay is a game designer who created a new board game using rods of different colours and

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Lindsay is a game designer who created a new board game using rods of different colours and lengths to help children learn math. The game has become an important tool within classrooms in the Maritime provinces as a math learning aid. As part of the instructions for the board game, Lindsay provides a detailed manual that explains how teachers can use the game to encourage children to learn math. Byron, a competitor, decided to mimic the game and has recently come out with a similar teaching tool using very similar rods of various lengths and colours. Because he thought his game was “self-evident,” Byron’s game does not come with an instruction manual. This has helped reduce costs, allowing Byron’s game to capture a sizeable share of the market. Incensed upon learning that Byron has “stolen her idea,” Lindsay decides to bring an action for copyright infringement. Is she likely to succeed? Explain your reasoning.

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Managing the Law The Legal Aspects of Doing Business

ISBN: 978-0132164429

4th edition

Authors: Mitchell McInnes, Ian R. Kerr, J. Anthony VanDuzer

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