Newsletter
PIRATED GAMES SOFTWARE MAY ALSO INFRINGE TRADE-MARK
When a pirated optical disk containing video game software is run on a game console, the image of a trademark, or the company name of the trademark owner or copyright owner, will appear on the TV screen. Courts have generally taken the view that both the unauthorized re-production of software, and the sale of optical media containing such illegally reproduced software, constitute trademark infringement or forgery. However, in a 2001 judgment, the Su-preme Court held that such display of a trade-mark image or company name is the result of the copyright-infringing act of illegally misappro-priating the software. In order to determine whether the sale of such a disk also constitutes trademark infringement or forgery, it is neces-sary to examine whether the seller participated in the act of unauthorized copyright misappropria-tion, and whether he had the intention of forgery.