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Property Laws

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Nicholas invents, develops and markets a new video game. He also writes a "cheat" Book that is for purchase by any person who buys one of his video games. However, it is not for every type of intellectual property protection. Morgan Corp. kauft Nicholas videogame and "cheat" book analyzes it and creates a clone of the two files products.Nicholas SSuite against Morgan Corp., the violations of intellectual property.

Copyright is automatic, but must be registered (in the U.S.) prior to filing a complaint in federal court. The case will be dismissed if Nicholas applied for and granted a copyright certificate. The software is protected by copyright, the ads are protected by copyright, the cheat book is copyright. A gain of copyright protected works without permission is a federal crime. Other IP laws include "unfair competition" and there could be a claim that Morgan Corp. "stolen" the ideas for the game of Nicholas and misrepresent it as their own development. The Santa Claus game probably has a distinctive look and Feel, "which could be interpreted as an indication of the source and quality of the game, thus becoming a de facto trademark (or trade dress) by Nicholas possession. Under the federal Lanham Act (and similar state laws), there would be a claim for trademark infringement, even without the registration of a mark when the game was "used in interstate commerce "with the distinctive look and feel attributed to Nicholas.

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