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Limitations on intellectual property protection
Limitations on intellectual property protection
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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.
2.
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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,
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...
Define and explain the following: copyrights, trademarks, and patents. Compare the three and provide an example of each. This paper will be non-graded, but it is still highly recommended that you complete this assignment for increased practice and self-improvement.
Passing off is not confined to that resulting from the use of registered trade marks. While the TMA 1994 protects trade marks as property immediately upon registration, the law of passing off is said to protect as property the trade goodwill that develops in the market place. Although, passing off does not confer monopoly rights, passing off and trade mark law deal with overlapping factual situations, although, s 2(2) of the TMA 1994 s 2(2) maintains passing off as a separate cause of action. Passing off seeks to protect not the claimant’s sign as such but the claimant’s customer connection or "goodwill" built up around that sign or the claimant’s business. According to Alice Blythe, “Passing off seeks to protect business goodwill, which is the trading reputation of the economic undertaking proclaimed by the sign. The business goodwill proclaimed by the sign will be perceived by consumers in a very similar way to which Laddie J described for trademarks.” This a strong similarity to trade mark
Hanson, Paige L. "Renaissance Clothing and Sumptuary Laws." Umich.edu. University of Michigan-Dearborn, 14 Sept. 2010. Web. 3 Mar. 2014.
...rosoft is expected to continue its Halo games under another developer. (A Brief History of Halo)
In defining what will amount to an infringement under the TMA, it also indirectly defines the scope of the rights that are given to the trade mark owner. By referring to section 10 of the 1994 Act, it establishes the basic criteria for an infringement action. It is written to accord with the provision of Art 5 of TMD, which, is designed to prevent the concurrent use of duplicate or similar marks. If a mark is already on the Trade Marks Register, it is...
Bungie Inc. is a video game development company headquartered in Washington. Since its inception, Bungie Inc. has been focusing on developing role playing games which captivate the youth, giving them a sense of living the game. Bungie Inc. was instrumental in the development of the video game franchise “Halo”, which proved to be a blockbuster, after being acquired by Microsoft. Games like Pathways into Darkness, Marathon, helped establish Bungie Inc. as a force to reckon with in the gaming industry. Early in 2007, after the success of the
With closed innovation, the question of what is mine and what is yours is never a subject of discussion. Large enterprises make vast investments in R&D activities, finding and employing the smartest people with the best brains to keep their business running smoothly and keeping their competitors at bay. By protecting their intellectual property, they can maximize profits, keeping and protecting the best ideas, transforming ideas to actual products or services in order to give them the upper hand on the
A contract is an agreement between two parties in which one party agrees to perform some actions in return of some consideration. These promises are legally binding. The contract can be for exchange of goods, services, property and so on. A contract can be oral as well as written and also it can be part oral and part written but it is useful to have written contract otherwise issues can be created in future. But both the written as well as oral contract is legally enforceable. Also if there is a breach of contract, there are certain remedies for that which are discussed later in the assignment. There are certain elements which need to be present in a contract. These elements are discussed in the detail in the assignment. (Clarke,
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.
Because of its intangible nature, and particularly the increase of the digital domain and the internet as a whole, computers and cyber piracy make it easier for people to steal many forms of intellectual property. Due to this major threat, intellectual property rights owners’ should take every single measure to protect their rights. Unless these rights are either sold, exchanged, transferred, or appropriately licensed for use in exchange for a monetary fee, they should be protected at all cost. In order to protect these rights, the federal and states governments have passed numerous laws and statutes to protect intellectual property from misappropriation and infringement. “The source of federal copyright and patent law originates with the Copyright and Patent ...
People move away from their extended families, and traditions can fade, which is why it is important to have a trademark that easily identifies your ...
“…Those bearing a trademark that is identical to, or indistinguishable from, a trademark registered to another party and infringe the rights of the holder of the trademark.” (Bian and Moutinho, 2011).
TRADEMARK INFRINGEMENT 1 Trademark Infringement and Counterfeiting in the Fashion Industry In 2012 US Customs and Border officials seized $1.26 Billion, in counterfeit goods (US seizes counterfeit goods worth $1.26 billion in 2012, 2013). Counterfeiting has become so widespread that it has often become difficult to determine which item is the authentic one.
Plagiarism is defined by UMUC (2006) as “the intentional or unintentional presentation of another person’s idea or product as one’s own. Plagiarism includes but is not limited to the following: copying verbatim all of part of another’s written work; using phrases, charts, figures, illustration, or mathematical or scientific solutions without citing the source; paraphrasing ideas conclusions or research without citing the source in the text and in reference lists; or using all or part of a literary ...