What intellectual property laws could apply to the case below?
Posted by RealEstateSEO | Posted in Real Estate SEO | Posted on 07-02-2010
Tags: Intellectual Property Laws, Intellectual Property Protection, Morgan Corp, Video Game
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jessica w asked:
Nicholas invents, develops, and distributes a new video game. He also writes a “Cheat” book that is available for purchase by each person who buys one of his video games. However, he does not apply for any type of intellectual property protection. Morgan Corp buys a Nicholas video game and “Cheat” book, analyzes it, and produces a clone of both products.Nicholas files ssuit against Morgan Corp., alleging violations of intellectual property laws.
Nicholas invents, develops, and distributes a new video game. He also writes a “Cheat” book that is available for purchase by each person who buys one of his video games. However, he does not apply for any type of intellectual property protection. Morgan Corp buys a Nicholas video game and “Cheat” book, analyzes it, and produces a clone of both products.Nicholas files ssuit against Morgan Corp., alleging violations of intellectual property laws.
Copyright law.
You do not need to register copyright in order for it to be valid.
Copyright is automatic, but must be registered (in the USA) prior to filing a lawsuit in federal court. The case will be dismissed unless Nicholas applies for and is granted a copyright certificate.
The software is copyrightable, the displays are copyrightable, the cheat book is copyrightable. Making a profit from copyrighted works without permission is a federal crime.
Other IP laws include “unfair competition” and there could be a claim that Morgan Corp has “stolen” the ideas for the game from Nicholas and misrepresented them as its own development.
Similarly, the Nicholas game probably has a distinctive “look and feel” that could be perceived as an indication of the source and quality of the game, thus becoming a de facto trademark (or trade dress) owned by Nicholas. Under the federal Lanham Act (and similar state laws), there would be a claim for trademark infringement, even without a trademark registration, if the game was “used in interstate commerce” with the distinctive look and feel attributable to Nicholas.