Should a reverse engineer worry about the original product manufacturers trademarks?
Software developers are generally not affected by a company’s trademark when reverse engineering software. Trademark law protects words, names, symbols, or devices that identify the source of goods and services. While trademarks should not be a big concern for a reverse engineer , Sega v. Accolade was one case in which a manufacturer used trademarks to prevent the creation of programs compatible to its system. Sega developed a trademark security system (TMSS) embedded in an initialization code on its games so that other companies could not develop games for the Sega Genesis console without infringing on Sega’s trademark. The court did not find infringement because the SEGA trademark was used as an essential element of the functional device that regulates access. Furthermore, the court held that this type of security system discouraged competition by excluding independently developed games from its video game market.
