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	<title>Comments on: What intellectual property laws could apply to the case below?</title>
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	<link>http://thehomestargroup.com/blog/what-intellectual-property-laws-could-apply-to-the-case-below/</link>
	<description>TheHomeStarGroup.com</description>
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		<title>By: bcnu</title>
		<link>http://thehomestargroup.com/blog/what-intellectual-property-laws-could-apply-to-the-case-below/comment-page-1/#comment-192</link>
		<dc:creator>bcnu</dc:creator>
		<pubDate>Mon, 22 Jun 2009 18:41:04 +0000</pubDate>
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		<description>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 &quot;unfair competition&quot; and there could be a claim that Morgan Corp has &quot;stolen&quot; the ideas for the game from Nicholas and misrepresented them as its own development. 

Similarly, the Nicholas game probably has a distinctive &quot;look and feel&quot; 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 &quot;used in interstate commerce&quot; with the distinctive look and feel attributable to Nicholas.</description>
		<content:encoded><![CDATA[<p>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.</p>
<p>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.</p>
<p>Other IP laws include &#8220;unfair competition&#8221; and there could be a claim that Morgan Corp has &#8220;stolen&#8221; the ideas for the game from Nicholas and misrepresented them as its own development. </p>
<p>Similarly, the Nicholas game probably has a distinctive &#8220;look and feel&#8221; 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 &#8220;used in interstate commerce&#8221; with the distinctive look and feel attributable to Nicholas.</p>
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		<title>By: gomanyes</title>
		<link>http://thehomestargroup.com/blog/what-intellectual-property-laws-could-apply-to-the-case-below/comment-page-1/#comment-191</link>
		<dc:creator>gomanyes</dc:creator>
		<pubDate>Sat, 20 Jun 2009 10:50:18 +0000</pubDate>
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		<description>Copyright law.

You do not need to register copyright in order for it to be valid.</description>
		<content:encoded><![CDATA[<p>Copyright law.</p>
<p>You do not need to register copyright in order for it to be valid.</p>
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