Dark Age Of Camelot: Mythic Files Suit Against Microsoft

Admin · December 2003

"Stop using our name," Says Online Game Industry's Leading Independent Developer and Publisher
FAIRFAX, VA - December 22nd, 2003 - Mythic Entertainment, developer and publisher of the award-winning massively multiplayer online role-playing game "Dark Age of Camelot(r)," and many other popular online games, announced that it has filed a lawsuit against Microsoft Corporation for trademark infringement and unfair competition.
"We have worked hard for eight years to earn our reputation for producing high quality online games, including games that compete successfully with those offered by the biggest corporations in the world, such as Microsoft," Mark Jacobs, president and CEO of Mythic Entertainment, said. "The Mythic name and registered trademark are the symbols of that reputation and quality, and they represent the goodwill and recognition we have achieved in the computer game industry and among consumers worldwide."
"We cannot allow Microsoft to usurp our rights, confuse the public, and use the Mythic brand to gain an unfair competitive advantage."
The case, filed in the U.S. District Court for the Eastern District of Virginia, in Alexandria, alleges that Microsoft's forthcoming online game, "Mythica," and pre-release publicity for such game, infringes Mythic's name and federally-registered trademark MYTHIC ENTERTAINMENT(r), and amounts to unfair competition in violation of federal and state law. The complaint alleges that the term "Mythica" is so similar to Mythic's registered mark and name as to be likely to cause confusion, mistake or deception among consumers. Mythic is seeking a permanent injunction and economic remedies. Mythic Entertainment objected to Microsoft's use of "Mythica" previously, but Microsoft refused to stop using the name.
"We had hoped not to have to resolve this in court, and it is truly unfortunate that Microsoft declined to respect Mythic's rights," Jacobs said. "But our name and mark are among our most valuable assets. We have no choice but to defend them, regardless of the size and power of our adversary. We would expect Microsoft to react no differently if someone launched an operating system called Microsofta just as Microsoft did when confronted with an operating system called Lindows."

- MMORPG.COM Staff -

doobster · December 2003

That was a good read, thanks. I hope Mythic wins

Lunar_Knight · December 2003

I hope Mythic does win this too. It would be a good example to the online community that the big dog doesn't always get to make the rules.

Plus, I personally have been confused on occasion with the 2 names. Mythic and Mythica, sounds very fishy.

Go Mythic!

.....................................

but time flows like a river

and history repeats

Arken · December 2003

Bah, that's bull. Mithic is just trying to make money, all these stupid lawsuits now-a-days are just outright dumb. I havn't seen a legit sue since a few years ago, I hope this case gets thrown out. Who cares if Microsoft is making a game named close their company's name?

Dekron · December 2003

Originally posted by Arken
Bah, that's bull. Mithic is just trying to make money, all these stupid lawsuits now-a-days are just outright dumb. I havn't seen a legit sue since a few years ago, I hope this case gets thrown out. Who cares if Microsoft is making a game named close their company's name?

I agree. And I totally beleive that the judge will toss this case out. As much as I dislike Microsoft, I don't think that they need the use of such a small company like Mythic to promote their game. Mythica is taking place in an imaginary world of lore and blah blah blah. They are using a term to describe their game. It would be a different story of copyright infringement if Microsoft used Mythic's logo. Think of it this way. Can Pizza Hut sue everybody with the word "pizza" in their name (i.e Godfather's Pizza, Cici's Pizza, etc) No, because you cannot control the use of a word. That would just be like saying everytime I spoke or wrote the word Mythic, then I am guilty of copyright infringment. Mythic just wants cash cause their crappy little mmorpg is dying away.

--------------------------------------------
If toast always lands butter-side down, and cats always land on their feet, what happens if you strap toast on the back of a cat and drop it?"

Vagor · December 2003

I don't remember mythic ever reserving the right to the name "mythica" there is only one letter differance but it is not what they reserved the right to own so that no one could use it. They reserved mythic and only mythic.

The end is only the begining.

Admin · December 2003

Ya, I am not sure on this one. I mean..."Mythic" is the name of a company and "Mythica" is a product. If MS had named their game "Dark Age of the Round Table" or started a sub-company with the name "Mythica Entertainment" then I could see a case. I have a feeling you won't see this one making it to the courtroom.

Obviously I will be outnumbered in this opinion because most people are MS haters

- MMORPG.COM Staff -

Roin · December 2003

Originally posted by Arken
Bah, that's bull. Mithic is just trying to make money, all these stupid lawsuits now-a-days are just outright dumb. I havn't seen a legit sue since a few years ago, I hope this case gets thrown out. Who cares if Microsoft is making a game named close their company's name?

Couldn't agree more. I just lost some of the respect I had for Mythic. The whole lawsuit is beyond stupid.

Manjikoa · December 2003

A pathetic attempt to make headlines and revitalize a dieing game. i think that this is a mythic blunder on the part of Mythic HA HA HA i made a funny! best watch out they are going to sue me now. This has to be one of the dumbest cases i've ever heard. I hope that mythic gets slammed by the supreme court with filling a frivilous lawsuit, and fined accordingly.... stupid Mythic.

Victims aren't we all.
Brandon Lee the crow

ParaTrooper · December 2003

Having played DAOC i have a great respect for the people at Mythic and as a result i hope they win this. However apart from that i don't think they should even be doing this, yes Mythica is close to Mythic, but as someone said ones a product ones a company, i don't know who's going to get them confused it seems clear cut to me, Had Mythic have started this law suit much earlier in Mythica's development i would have been completely on their side but having left it till now i get a bit of a "too late" attitude towards it, but for me it's 75% mythic 25% MS.

Valorus · December 2003

Thats too bad people are so anti-Microsoft just because they do things right and produce software so good it becomes the industry standard - but we won't get into that debate here (I can still hear Netscape crying like a little school girl because Microsoft was giving thier internet browser out for free! Waa!)

Anyway, Mythic filing suit because Microsoft wants to use the name Mythica is just crazy. Seems to me Mythic is just mad because they didn't think to register that name in the first place. I guess if another company were to use the name Mythical we'd hear about another law suit.

Anyway Mythic, I hope you go bankrupt real soon. But on the off chance you don't, think with the next expansion you can change the body graphics of your crappy toons? Gets old seeing the same body with different heads. At the very least fire the person(s) who approved it. Sheesh.

ParaTrooper · December 2003

Originally posted by Valorus

Thats too bad people are so anti-Microsoft just because they do things right and produce software so good it becomes the industry standard - but we won't get into that debate here (I can still hear Netscape crying like a little school girl because Microsoft was giving thier internet browser out for free! Waa!)
Anyway Mythic, I hope you go bankrupt real soon. But on the off chance you don't, think with the next expansion you can change the body graphics of your crappy toons? Gets old seeing the same body with different heads. At the very least fire the person(s) who approved it. Sheesh.

Thats too bad people are so anti-Mythic just because they do things right and produce a game so good it becomes industry standard. I've never considered any of Microsofts game 'good' every single one i think has had a relativly limited content. As for Mythic going bankrupt thats a bit harsh, who cares if they do a law suit against MS they got the money no harm done really.

ParaTrooper · December 2003

How do u know they only want the money? are you Mythic? What kind of a name is Mythica for a game anyways? they should have named it with something from norse mythology.

kingslayer · December 2003

This reminds me somewhat of the Megadeth vs. Megadeath lawsuit some years ago. ......and yes Megadeth won that suit.....Its somewhat similar and yet very different....

Flem · December 2003

Down with microsoft!!! Go Mythica. Microsoft have no idea, they sold the rights to AC so they musnt have half a brain between them.

Paladin · December 2003

Complete. Utter. Crap.

Welcome to the Age of Lawsuits, where you can make up any BS you like as justification to tie up our legal system and try for the quick bucks.

How can anyone take this seriously? What kind of precedent would a win in this case set? "Your product name is close to our company name, so you can't use it."

Yeah, right.

Malkavian · December 2003

I share the same opions with the majority here. I am not a "MS Hater" but I do despise HOW they have become the world-wide standard. Regretably, using a microsoft product is now unavoidable.

I believe that this case will be dissmissed due to the timing of which the case was filed and the terms concerning the registered name. I am not aware of Mythic owning rights to any name within 1 syllable of theirs. It's very likely to leave a rather large expense to Mythic.

MS could also counter attack Mythic with a "Smearing Name" case and run them out... (Did anyone think about this?) Not sure if that is likely to happen but it's possible right?

- Malkavian

Valorus · December 2003

Originally posted by ParaTrooper

Thats too bad people are so anti-Mythic just because they do things right and produce a game so good it becomes industry standard. I've never considered any of Microsofts game 'good' every single one i think has had a relativly limited content. As for Mythic going bankrupt thats a bit harsh, who cares if they do a law suit against MS they got the money no harm done really.

Why is my hope that Mythic goes bankrupt a bit harsh? Because you dont agree with me?

I should sue you for using the same format as my previous post!! I'm kidding here of course, but its the same type of thing Mythic is doing - and it just makes me mad. Folks, this isnt a case of David and Goliath here.

As for the rest of your post... well as much as I'd like to engage you in a DAoC debate I'll not do so here. Would be a bit off topic. If you like the game, great. I don't - at all. But try to look at it this way. Mythic = 1 game. Microsoft = 100 games. Lets say 50 of those games really suck... they still have 50+ titles to Mythic's 1 so so title.

At least be honest when you post and post all the information.

Vindvalya · December 2003

The names do not have to be exact. I remember there used to be a toy store near me that was named something kind of similar to Toys R Us and they had to change their name. I don't remember what it was but it was more different then Mythic and Mythica.

Also Mythic isn't going to make money off of this. They have every right and reason to ask MS to stop. If they win the case Mythica will get a new name and life will go on.

A company name has a lot of value. Even after a company is gone the name is somtimes sold for millions of dollars. Mythic just wants to make sure they can continue to build a name without confusion.

WOJericho · December 2003

dobster, lunar, and vind are morons...gotta love protesters that have no clue what they protest against. "down with the man" no matter who or what the reason is? ugh.

Mythic is derived from Myth, adj. Mythical... Same as Mythica. So, take off the "al" and its intellectual property; but just take off the "l" and its a lawsuit??!! Huh?

Mark Jacobs is an absolute disgrace to humanity with the profoundly assinine comment about microsofta. I swear when i read that statement it sounded like a fifth graders voice saying it. The lindows thing was wrong as well, never should have wasted taxpayers money on that either, But just because microsoft filed a frivolous suit, DOES NOT justify Mythic's actions here.

As another poster said earlier, this is a painfully obvious attempt to generate publicity for an aged title ... sad...

Argorian · December 2003

If i'm right, Microsoft is suiing Lindows for exactly the same reasons !

I hope Mythic will win against the horrible Microsoft.

Munki · December 2003

this is just a publicity stunt by Mythic, Microsoft will win, I hate Microsoft, but this is just stupid, its like sueing that guy at work because his name is also Justin and it confuses people.

quix0te · December 2003

If you think this is Mythic being petty, please polish up your reading skills (thats 'skeelz' for some of you) and re-read the part where they asked MS to change the name repeatedly before proceeding with legal action. Given that MS has a history of making crap MMORPGs, I wouldnt want to be getting confused with their product either. And if you are at all familiar with microsofts standard tactics, this was likely a calculated decision on their part. As the lawsuit points out, Microsoft sued another developer for releasing an OS called 'Lindows'. And won.

That said, I think the odds are against Mythic myself.

Oh. And if you think the software with the Microsoft Logo is any indication of their 'genius' man are you in the dark. They spent most of the 80's and 90's intimidating computer and software manufacturers to make sure that there was no competition for their products and that any competitors would sell to them cheaply.

Howdy, Stranger!

Dark Age Of Camelot: Mythic Files Suit Against Microsoft

Comments

Howdy, Stranger!

Quick Links

Dark Age Of Camelot: Mythic Files Suit Against Microsoft

Comments