A) Trent and Xavier come up with an idea for a video game they want to call "Hallowed." They start a business and begin to develop their idea. Several months in, they hit a technical snag and consult with a friend, Brad, who's an expert in creating computer game source code. After they complete their software, but before Hallowed is released and marketed, a game called Halo 2 is re"leased for major gaming platforms. Halo 2 uses source code similar to Hallowed, and it imitates the look and feel of Hallowed even though its features are not identical. Considering relevant trademark, copyright, patent, and trade secret concepts discussed in Chapter 5 and the lecture slides, address the following:
1. Would the name "Hallowed" be more likely to receive protection as a trademark or trade dress?
2. If Trent and Xavier had obtained a business process patent on their game, would the release of Halo 2 infringe on that patent? Why or why not?
3. Based only on the facts appearing in the question above, could Trent and Xavier sue the makers of Halo 2 for copyright infringement? Why or why not?
4. Suppose that Brad took the idea of Hallowed and sold it to the makers of Halo 2. What type of intellctual property issue would that raise?
B. Explain how the concept of "secondary meaning" serves as a substitute for distinctiveness in trademark law.