Question
Two computer science majors at Polk State College, Seth and Yanni, have an idea for a new video game, which they propose to call, Hallowed.
Two computer science majors at Polk State College, Seth and Yanni, have an idea for a new video game, which they propose to call, "Hallowed." They form a business and begin developing their idea. Several months later, Seth and Yanni run into a problem with the design and consult with a friend, Todd, who is an expert in designing computer source codes.
Before Hallowed is marketed, however, the video game, "Halo 2" is released for both the Xbox and Game Cube systems. Halo 2 uses the same source codes as Hallowed and imitates its overall look and feel.
1. Would the name "Hallowed" receive protection as a trademark or as trade dress? Explain.
2. If Seth and Yanni had obtained a business process patent on Hallowed, would the release of Halo 2 infringe on their patent? Why or why not?
3. Based only on the facts described above, could Seth and Yanni sue the makers of Halo 2 for copyright infringement? Why or why not?
4. Suppose that Seth and Yanni discover that Todd had takenthe idea forHallowed and sold it to the company that produced Halo 2 which then converted the idea to the source codes that eventually produced Halo 2. Which type of intellectual property issue does this raise?
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