Mythic Entertainment Files Suit Against Microsoft

Interesting, indeed:
Mythic Entertainment Files Suit Against Microsoft for Trademark Infringement

'Stop Using Our Name,' Says Online Game Industry's Leading Independent Developer and Publisher

FAIRFAX, Va., Dec. 22 /PRNewswire/ -- Mythic Entertainment, developer and publisher of the award-winning massively multiplayer online role-playing game "Dark Age of Camelot®," 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®, 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."

About Mythic Entertainment

Mythic Entertainment is one of the most successful online game developers in the industry today. Credited with 14 online titles including the award winning "Dark Age of Camelot®" and subsequent expansions "Shrouded Isles®" and "Trials of Atlantis(TM)," Mythic has played a major part in the evolution of the online game industry. The company's other titles are some of the most popular online-only games of all time, including "Aliens Online," "Starship Troopers: Battlespace," "Godzilla Online," "Silent Death Online," "Rolemaster: Magestorm," "Darkness Falls," "Splatterball" and "Dragon's Gate." In 2003, Mythic was ranked 36 in Inc. 500. Mythic was also named one of Deloitte & Touche's national "Technology Fast 500" companies and regional "Technology Fast 50" companies for the past two years. For more information about Mythic Entertainment, visit www.mythicentertainment.com