Business Law Essay

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.

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,