Question
wo computer science majors, Trent and Xavier, have an idea for a new video game, which they propose to call Hallowed. They form a business
wo computer science majors, Trent and Xavier, 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, Trent and Xavier run into a problem
with their design and consult with a friend, Brad, 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. Using the information presented in the chapter,
answer the following questions.
1. Would the name Hallowed receive protection as a trademark
or as trade dress?
2. If Trent and Xavier 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 the facts described above, could Trent and
Xavier sue the makers of Halo 2 for copyright infringement?
Why or why not?
4. Suppose that Trent and Xavier discover that Brad took the
idea of Hallowed and sold it to the company that produced
Halo 2. Which type of intellectual property issue does this
raise?
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