1. Would the name Hallowed receive protection as a trademark or as trade dress? Explain. P.308,312
A Trademark is a distinctive mark, motto, device, or implement that a manufacturer stamps, prints, or other affixes to the goods it produces so that they can be identified on the market and their origins made known(Cross & Miller, 2012).
A Trade dress reference to the image and over-all appearance of a product. Trade dress is a broad concept that can include either all part of the image or overall impression created by a product or its packaging (Cross & Miller, 2012).
Pertaining to the definition of the two hallowed would receive protection as trademark. Trademark identify the product for any similarity before it’s ready to be put out on the market and trade dress look at the visual appearance of the product.
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If Trent and Xavier had obtained a business process patent on Hallowed, would the release of Halo 2 have infringed on their patent? Why or why not? P.318
Yes, because if a firm or person makes, uses, or sells another’s patented design, product, or process without the patent owner’s permission, that firm or person commits the tort of patent infringement. Patent infringement can occur even if the patent owner have not put the patent product through commerce. The video games are similar in name and code and may be equivalent to existence of infringement.
3. Based only on the facts described above, could Trent and Xavier sue the makers of Halo 2 for copyright infringement? Why or why not? P.318-320
Trend and Xavier can sue the makers of Halo 2 for copyright of infringement, because once you patent a product it is protected by the copyright act.
Copyright Infringement is whenever the form or expression of an idea is copied, and infringement of copyright has occurred. The reproduction does not have to be exactly the same as the original or in its entirety, if any of the original is reproduced then the copyright has been infringed (Cross & Miller,
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The release of Halo 2 would have breached on their patent if Xavier and Trent had acquired a business process patent on their works. A business method patent or business process patent is essentially part of utility patents that protect processes, formulas as well as inventions. Technically, an idea cannot be patented. Nonetheless, Trent and Xavier could have protected an...
While Bungie continues to make Halo games, the franchise itself is now overseen and published by a Microsoft-created subdivision called 343 Industries. This sub-division is also in charge of the recently released Halo: Legends anime/CG short-movie compilation, the comic books and all tertiary products, like the upcoming animated television series based on the machinima comedy shorts, Red vs. Blue.
Businesses filing the claim must also show that the business use of the trademark is expected to cause uncertainty as to the association, relationship or the affiliation among them. To establish a violation of the Lanham Act for either a registered mark under 15 U.S.C. § 1114, or an unregistered mark under 15 U.S.C. § 1125(a), the plaintiff must demonstrate that (1) it has a valid and legally protectable mark; (2) it owns the mark; and (3) the defendant's use of the mark to identify goods or services causes a likelihood of confusion.( A&H Sportswear, Inc. v. Victoria's Secret Stores, Inc., 237 F.3d 198 (3rd Cir.
The video game industry is valued in $USD 9.5 billion in 2007. The main players in the industry Sony, Microsoft and Nintendo are competing to grab the biggest market share. Each one of them has recently introduced new consoles aimed to set themselves apart f...
It is termed as a sign, symbol or a device, intended to define the goods and services of one from those of others within the same category. It’s how you differentiate yourself from the other brands. You may even call it a Trademark.
With a trademark, a company can register their logo, which in turn cannot be replicated in any form without express permission from the trademark holder (Intellectual Property Office of New Zealand, 2011). After building the reputation of its brand, a company can clearly define itself in a competitive marketplace with a trademarked identity that is unlike any of its competitors, giving it a clear point of difference and customer trust that will directly translate into increased sales and brand loyalty (Philpott, 2004, pp. 171 –
The structure of the Video Gaming Industry is comprised of several stages. The first stage is the Development Stage. (3) Currently there are three giants in the gaming world. Microsoft’s Xbox 360, Sony’s PlayStation 3 and, Nintendo’s Wii. For these consoles, there are companies that make agreements to release exclusive games. For example, one company can make games solely for Xbox 360. Another company can make games for a particular series offered by the Platform, such as Mario for the Wii. The most common companies are the ones that create games for all consoles, and have no agreement with any particular console.
Co-Branding;- co-branding is when two companies together, another word two brand becoming partnership of goods and services.(Investopedia.come.2013) the advantages of co-branding companies is to increase sales and cash flow, expanding customers and joined advertising. The potential disadvantages are disagreement on decision making, might fall if the two products have different market and customer trust issues. Co-branding would not work for Holland and Barrette because it might create confusing as they have huge customers and are familiar with brand. The risk going to co-branding is loss of control; lose customers because single advertising might not cover the entire category.
In the early 1990’s, Kimble obtained a patent for a toy, web-shooting glove. In 1997 he filed an infringement suit against Marvel for selling an identical toy. To resolve litigation the parties came to a settlement agreement in which Marvel agreed to pay lump sum to Kimble, in addition to royalties on all future sales of products using the patent. There was no end date specified in the settlement agreement. Upon the end of Kimmel’s patent, Marvel ceased to pay royalties. Kimble then sued for breach of contract. The District Court of Arizona ruled that Marvel’s obligations ended on the date the patent expired- May 25th, 2010.
The basic definition of a ‘trade mark’ is given by s.1 (1) of the 1994 Trade Marks Act, the definition is relatively straightforward. It defines ‘trade mark’ as ‘any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of another’. As a result, if the trade mark owner notice that there are people who infringe their trade mark, they may pursue legal action against trademark infringement.
Intellectual property is an incredibly complicated facet of the law. In the United States, we have many laws in place to control and limit profiting from others intellectual property. The issue is not only profiting from others intellectual property, but not purchasing the property from the originator as well. We will discuss why it is important to protect this property as well as why it is tremendously difficult to regulate all these safe guards. “Intellectual Property has the shelf life of a banana.” Bill Gates
For example, we can think about the iconic jewelry blue box that directly refers in our mind to Tiffany brand, or the orange box which makes us directly notice a product from Hermès. These are some examples of colored boxes registered as a Trade Dress. Another example for trade dress design is the Chanel number 5 bottle: once we see it we know that it is a Chanel number 5 bottle even if one hides the name of the bottle. The Coca Cola bottle is also a good example for trade dress design protection. The red and yellow color of Kodak logo is also a sample of trade dress color protection. Even the shape of a building can be covered by the Trade Dress concept: for example, the shape of the Empire State Building in New York. All these examples clearly fulfill the three requirements to be recognized as a Trade