Copyright and Halo
1. Would the name “Hallowed” receive protection as a trademark or as trade dress?
The name “Hallowed” would receive protection as a 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?
Yes, if Trent and Xavier had obtained a business process patent on Hollowed, then the release of Halo 2 would infringe on their patent because patent infringement may occur even though not all the features or parts are copied. In this case, because Halo 2 imitated Hallowed overall look and feel, it would be considered 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?
No Trent and Xavier could not sue the makers of Halo 2 because they could have no way of telling that Halo 2’s design started after Hallowed. Not only that, but since Halo 2 is a sequel to Halo 1, it is likely that the source codes are very similar to the first game, which would be used against Trent and Xavier in court as a defense.
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?
If Brad took the idea of Hallowed and sold it to the company that produced Halo 2, then Brad would be raising an issue of intellectual property known as a trade secret.
The name “Hallowed” would receive protection as a 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?
Yes, if Trent and Xavier had obtained a business process patent on Hollowed, then the release of Halo 2 would infringe on their patent because patent infringement may occur even though not all the features or parts are copied. In this case, because Halo 2 imitated Hallowed overall look and feel, it would be considered 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?
No Trent and Xavier could not sue the makers of Halo 2 because they could have no way of telling that Halo 2’s design started after Hallowed. Not only that, but since Halo 2 is a sequel to Halo 1, it is likely that the source codes are very similar to the first game, which would be used against Trent and Xavier in court as a defense.
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?
If Brad took the idea of Hallowed and sold it to the company that produced Halo 2, then Brad would be raising an issue of intellectual property known as a trade secret.