Case summary: Two persons, T and X had designed and manufactured a software, Hallowed for a videogame with the help of their friend, B. But before the launch of this software, a new videogame, halo 2, was released. The look, feel and source code of the two products are same.
To explain: The possibility that Hallowed receives protection as a trademark or trade dress.
Explanation of Solution
In the given case, Hallowed will not be provided with trademark or trade dress protection. It is because Hallowed was not registered by the persons T and X.
Trademark refers to a distinctive mark or design assigned to a product while Trade dress refers to an overall image or appearance of a product. A trademark or trade dress is infringed when it is copied to an extensive degree or wholly, deliberately or unintentionally. When a trademark is infringed, the owner of the trademark can take action against the infringer.
However, in the given case, the persons T and X cannot sue the owner of Halo 2 since they did not take protection for their software, Hallowed.
Want to see more full solutions like this?
Chapter 8 Solutions
EBK THE LEGAL ENVIRONMENT OF BUSINESS:
- While mingling with neighbours at a party, Ato mentions that he is responsible for evaluating bids for a large computer software contract. A few days later, Ato receives a lunch invitation from one of his neighbours who also attended the party. Over appetizers, the conversation turns to the contract Ato is managing. Ato's neighbor seems remarkably well informed about the bidding process and likely bidders. Ato volunteers information about the potential value of the contract and briefly outlines the criteria his firm will use to select the winner. At the end of the lunch, Ato's neighbor surprises him by revealing that he is a consultant for several companies in the computer software market. Later that day, Ato's mind is racing. Question1 Did Ato reveal information that could provide a supplier with a 1.competitive advantage in the bidding process? 2. What are the potential business risks and ethical issues in this situation? 3.Should Ato report the conversation to someone? If so, whom…arrow_forwardRuby is a homeowner with a mortgage loan. She's been missing payments, and recently received a notice from her lender that her loan is in default, and she will be required to pay the entire remaining balance or face foreclosure. What clause in her mortgage contract gave her lender the right to do this? defeasance clause prepayment penalty clause acceleration clause due on sale clausearrow_forwardFiona has been offered a job as a marketing representative in a prestigious cosmetics firm called Beauty R Us. However, one week before she is to start her new job (and two weeks after she gave notice to her current employer) she receives a phone call from Beauty R Us stating that it has to withdraw its job offer. The firm tells Fiona that it just found out that she is a high-profile activist for an animal rights group and some of its customers (such as those who sell fur coats) would be extremely uncomfortable dealing with her as a Beauty R Us marketing representative. Fiona is very upset and wants to know what her legal rights are in this situation. Advise her. Explain your answer.arrow_forward
- Susan is the head of technical support for ABC technologies. ABC technologies is a new company. This organisation is experiencing financial challenges due to the impact of COVID-19. In order to improve the cash flow of the company, Susan suggested to the Chief financialOfficer (CIO) that she would install pirated software on their organisational computers since software licences are expensive for the company. The CIO Mr Thompson rejected Susan’s suggestion because he believes in promoting aworking environment in which employees are encouraged to act ethically when making business decisions. Discuss five reasons why Mr Thompson’s decision is important for the development of ABC technologies.arrow_forwardThe Acme Electric Company worked day and night to develop a new current regulator designed to cut the electric power consumption in aluminum plants by 35%. They knew that, although the competition was fierce, their regulator could be produced more cheaply, was more reliable, and worked more efficiently than the competitors’ products. The owner, eager to capture the market, personally but somewhat hastily put together a 120-page proposal to the three major aluminum manufacturers, recommending that their regulators be installed at all company plants. She devoted the first 87 pages of the proposal to the mathematical theory and engineering design behind his new regulator, and the next 32 to descriptions of the new assembly line she planned to set up to produce regulators quickly. Buried in an appendix were the test results that compared her regulator’s performance with present models, and a poorly drawn graph showed how much the dollar savings would be. Acme Electric didn’t get the…arrow_forwardRead the following scenario and answer the question in 5–10 sentences. Fred and Frank have been operating a seasonal outdoor maintenance and landscaping business for the last three years under the name F & F Maintenance. There was no written partnership agreement. During the nonoperational winter months, Fred spends his time in Costa Rica, while Frank stays in town. In January, Frank was approached by an existing customer with a request that F & F build and install a bleacher stadium and football field for the local middle school. Frank advised the customer that, while he had no direct experience with this type of project, he was sure that he could subcontract any work that was needed. Neither Frank nor Fred had any previous experience as a general contractor. Experience aside, Frank signed a contract to complete the project for $200,000, taking a down payment of $50,000 with the remaining amount to be paid after passing inspection. At the inspection, the inspector determined…arrow_forward
- A few days before the end of the term of a two-year NDA (non-disclosure agreement) he signed with a startup company related to a possible patent, Frank interviewed with another startup and divulged information covered by the agreement. The interview had been scheduled for a week later, in which case it wouldn't have been an issue, but had been moved up when another job applicant dropped out and the company had an opening for an earlier interview. Frank reasoned that he had met the spirit of the NDA, and a few days early wouldn't really matter. Besides, as it turned out, the company he interviewed with wasn't interested in that information, although they did hire him. What would have been done to make it right by Frank?arrow_forwardWidget Corporation is the manufacturer of many popular children’s toys but have seen a great decrease in sales and the board of directors is worried that the business may no longer be viable. The board decides to aggressively sue other toy manufacturers that have likely been infringing on Widget’s intellectual property, enter into a joint venture with a another company to build a new factory to reduce costs, and make large and notable donations to children hospitals as part of a PR campaign to raise the corporation's image. Additionally, the board decides to start manufacturing medical equipment to make up for the projected shortfalls in budget, even though the corporation was formed to make toys. Some shareholders are upset and sue the board of directors. (a) Which of the board’s actions fall into their express power and which are their implied power? Please explain why the actions would be categorized that way. (b) Would the ultra vires doctrine play a role in the shareholders suit…arrow_forwardDQ2: Chapters 5 and 11: Unfortunately, you and Max make better friends than business partners. While Smaxy Maxy’s is roughly breaking even, there is constant conflict between the two of you. You and Max had established a partnership, and both of you recognize that the partnership must be dissolved, leaving a sole proprietor. There is no simple solution because both of you have fallen in love with Smaxy Maxy’s. You wisely consult a lawyer. She suggests a lawsuit to force the partnership dissolution. You wonder if there might be alternatives to litigation. What might those be with this fact scenario? Explain. DQ3: Chapter 14.3: You own Sam’s Sea Food and are in fierce competition with Frank’s Fish House, the businesses just a few blocks apart. Both sell a variety of fresh seafood. Frank decides on a new promotion. He advertises heavily, “one pound of fresh, wild Alaska, salmon, $8.99, first come, and first served.” However, Frank has only two of these items in the store. Is this…arrow_forward
- Please explain what a noncompetition agreement is. Explain what makes a noncompetition agreement not enforceable. Explain the business interests sought to be protected by noncompetition agreements. Think of an example where a business could protect these interests without saying an employee cannot work for a competitor.arrow_forwardEvette and Rhumbi have known each other from university. Evette has a degree in marketing andRhumbi is a talented application (app) developer. They decide to work together to create aplatform for struggling professionals who want to earn a living without the stress of looking forclients. They trust each other and want to start a business that is representative of theirfriendship. They decide not to register the business as a legal entity as this could cause delays.They were really keen to get started!They have approached you for advice on the following: Q.1.1 Provide a short note on the best business enterprise for Evette and Rhumbi withreference to the facts. Your answer should include:• the basis or founding documents for the formation of the enterprise;• a discussion of the essential elements of the enterprise; and• the statutory formalities, if any, for this type of enterprise to be formed.Q.1.2 They are aware that things don’t always pan out as intended. They would like a listof…arrow_forwardYou are a consulting project manager and have been contracted by an investment bank to run a large information technology project that is expected to last 15 months. During the Direct and Manage Project Work process, you discover that several regulatory requirements have not been addressed in the project management plan. Failure to meet these requirements could result in legal action against the company. However, implementing the technology to comply with these regulations exceeds the budget and scope of the project, and could result in the cancellation of the project. As a project manager what are some of the critical issues that you will undertake?arrow_forward
- BUSN 11 Introduction to Business Student EditionBusinessISBN:9781337407137Author:KellyPublisher:Cengage LearningEssentials of Business Communication (MindTap Cou...BusinessISBN:9781337386494Author:Mary Ellen Guffey, Dana LoewyPublisher:Cengage LearningAccounting Information Systems (14th Edition)BusinessISBN:9780134474021Author:Marshall B. Romney, Paul J. SteinbartPublisher:PEARSON
- International Business: Competing in the Global M...BusinessISBN:9781259929441Author:Charles W. L. Hill Dr, G. Tomas M. HultPublisher:McGraw-Hill Education