Mythic Sues Microsoft

[voltz]

http://www.gamespydaily.com/news/fullstory.asp?id=5577

Mythic Entertainment, best known for its ultra popular online role-playing game, Dark Age of Camelot, today filed a lawsuit against Microsoft for using the name "Mythica" for an upcoming Norse god themed game for the PC. The lawsuit filed in the U.S. District Court for the Eastern District of Virginia alleges that Microsoft's upcoming online role-playing game for the PC, "Mythica," and pre-release publicity for the game, infringes on Mythic's name and federally-registered trademark MYTHIC ENTERTAINMENT, and is unfair competition in violation of federal and state law. In its complaint Mythic said that the name "Mythica" is so similar to Mythic's registered mark and name that it will cause confusion among consumers. The Norse themes used in Mythica were also mentioned as adding to the confusion, given that its online RPG, Dark Age of Camelot, features many of these themes. Mythic Entertainment is looking for the court to give it a permanent injunction and "economic remedies".

Earlier today we asked Mythic Entertainment's Chairman and CEO, Mark Jacobs a few questions about the lawsuit. Here's the full extent of that conversation:

GameSpy: When did you first contact Microsoft about your concerns surrounding the use of the name "Mythica" for its game?

Mark Jacobs: At E3 2003.

GameSpy: Were they willing to solve the problem amicably?

Mark Jacobs: No. The reason for the lawsuit was the use of the name Mythica for the MMORPG that they are creating. In our discussions to date they have never agreed to drop the use of that word.

GameSpy: When did you decide you had no other alternative than to file a lawsuit?

Mark Jacobs: When, after we told them that we were concerned about the name, that they continued using it and that they also did not even call us to discuss the matter.

GameSpy: Besides the similarity in your company's name (Mythic) and the game's name (Mythica) how does the game infringe upon your rights and reputation?

Mark Jacobs: First, the name of our company is a federally registered and approved trademark. Secondly, the use of the Mythica has already resulted in confusion among both consumers and even among journalists. Thirdly, the use of Mythica negatively impacts our ability to use our name in commerce both inside the game industry and outside of it. Finally, there's more to say coming soon.

GameSpy: What are you looking to accomplish with this lawsuit? Is it still possible to settle the matter amicably in the weeks and months ahead?

Mark Jacobs: We want Microsoft to stop using the name Mythica for their upcoming game. As to it being possible, you would have to ask Microsoft. We want our name back and whether the matter can be settled amicably depends on that.

Now if I'm to understand this correctly, they have a copyright on the word "Mythic", which means only they have full rights to the name, however if MS is using the word but it includes an "a" in the title, how does this count as infringement when "Mychica" is an entirely different title altogether?

Consumer confusion? This is about as dumb as the Lindows vs Windows case and it really needs to be thrown out on the first pitch. If they had any brains when they registered their company's name, the A would have been included with their signature. Too bad they're only confusing themselves.

[stormy]

yeah, this lawsuit is gay. If they had a name that wasn't just a normal dictionary word, say "nintendo", and MS launched a game called "Nintendoa", that's a case, this isn't.

[Master]

In other news:

SEG entertainment group is suing SEGA.
Dell is suing Delis around the globe.
Starbucks is suing the Milwaukee Bucks organization.
And, in a stroke of utter genius, Phillip Morris is suing Craftsman Tools for its infringement on their brand "Kraft".

[Shine]

Mystaria = Myst

[Survival Kid]

This is like Midway trying to sue Working Designs when they renamed Epica Stella to Detonater Gauntlet, saying it was too much like Gauntlet Legends, or whatever it was called. For once I was on WD's side. Lawsuits are asinine.