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This has actually happened, but for anonymity I changed names and subject matter.
Important detail: Company A does not allege that company B has stolen any code or assets from them, they simply claim the IDEA of putting fireflies into the MSFS scenery as their own and exclusive.
I'd like to put aside the question, which company has actually been the first to publish such addons. In this particular (as in many other cases) that question may not be answered definitely. E.g. company/author C has already published something of that kind for a previous FS version.
Therefore let's assume Company A can 'prove' in some way they have been the first to publish/sell such a firefly addon.
My question: Can any 'third party' company claim an idea exclusively for themselves and forbid any other person/company to sell their own similar addons?
I know we already have 3 P-40 Warhawks and at least each 2 companies to sell seasons and airport markings and never heard of any legal rivalry, but maybe fireflies are a different matter?
What is your opinion or legal knowledge on that matter?
- Company A sells MSFS addons that add fireflies. Swarms of nicely animated and sparkling fireflies.
- Company B also sells MSFS addons to add fireflies. Swarms of nicely animated and sparkling fireflies.
- Company A contacts company B and claims they have been the first to sell such addons and forbids company B to sell their firefly addons any further - threatening with legal consequences.
Important detail: Company A does not allege that company B has stolen any code or assets from them, they simply claim the IDEA of putting fireflies into the MSFS scenery as their own and exclusive.
I'd like to put aside the question, which company has actually been the first to publish such addons. In this particular (as in many other cases) that question may not be answered definitely. E.g. company/author C has already published something of that kind for a previous FS version.
Therefore let's assume Company A can 'prove' in some way they have been the first to publish/sell such a firefly addon.
My question: Can any 'third party' company claim an idea exclusively for themselves and forbid any other person/company to sell their own similar addons?
I know we already have 3 P-40 Warhawks and at least each 2 companies to sell seasons and airport markings and never heard of any legal rivalry, but maybe fireflies are a different matter?
What is your opinion or legal knowledge on that matter?