Mythic sues Microsoft

[Xaen]

Microsoft will just change the name of the game probably and no one will ever care, or notice. Mythic will still go under a year from now anyways..

[kashmir]

No, dumbass, it isn't the same thing.

Mythic = game developer name
Dark Age of Camelot = Mythic's game

Microsoft Game Studios = game developer name
Mythica = MGS' game

If Microsoft were making a game called Camelot: The Dark Age, or some other name bearing striking resemblance to Mythic's product, intended to confuse the consumer, Mythic would have a leg to stand on. How many consumers will walk into a game store and be confused as to whether they wanted Dark Age of Camelot, or Mythica? When was the last time you called DAoC by the name "Mythic"?

Lindows is an OS that combines Linux and Windows. They're now marketing it as LindowsOS, not Lindows. they're lucky Microsoft was the only one to sue them for trademark infringement. They're both OS', and one very obviously takes its name from the other. That is infringement.

Giving your product a name similar to a company's name is not.

Legally, it's not a frivolous suit. Cases have been won/settled on less. I work for a very large law firm, you'd be amazed at some of the cases that are pushed through.

Oh yeah? Well... well... I work for a bigger firm than you, and I'm a partner! Not a paralegal! And I have a piece of paper I got on the Internet that certifies I passed the bar for the low, low cost of only $19.95. And thanks to a doctor in Florida who speaks in broken Engrish, and his recent medical breakthroughs, I'll bet my dick is bigger than yours, too! The doctor guaranteed it would be, or my money back!

Look, claiming you're a lawyer doesn't lend any credibility to what you say here.

Rick Goodman was booted out of Ensemble Studios (owned by Microsoft), makers of Age of Empires (an RTS game), started his own game company and made an RTS called Empire Earth. He's danced all over the success of the Ages of Empires franchise in efforts to market his game, and Microsoft hasn't touched him. Tell me why, Mr. Smarty-pants Lawyer Man.

There are some 983259873453-odd Train Simulator games out these days, and they're all pretty much the same, right down to their re-hashed names. They're not suing each other because they all know they're games whose content is the simulation of railroad building and trains. To market it as anything else would be misleading to consumers.

Stupid fuckers.

[Kaxmax]

Mythic will still go under a year from now anyways..

Whether you like the company or not, DAoC has been a success. If you check Camelot herald right now, they have 40k people on, and that's not counting Italian and Korean numbers. The game didn't cost very much to make, and they have had over 100k subscribers since it came out, and at one point it was up to 250k from what I've read. To say it hasn't been successful because it doesn't have the subscribers EQ does is naive.

[Kaxmax]

Oh yeah? Well... well... I work for a bigger firm than you, and I'm a partner! Not a paralegal! And I have a piece of paper I got on the Internet that certifies I passed the bar for the low, low cost of only $19.95. And thanks to a doctor in Florida who speaks in broken Engrish, and his recent medical breakthroughs, I'll bet my dick is bigger than yours, too! The doctor guaranteed it would be, or my money back!

Look, claiming you're a lawyer doesn't lend any credibility to what you say here.

I never claimed I was a lawyer, moron. I work in IS, like the other 95% of people on this board who aren't in high school. It may come as a shock, but lawyers use computers and *gasp* they need people to support them! I see enough cases to know just how silly modern law is.

It's very simple, and it comes down to two things:

1) Mythic pays their lawyers.
2) These lawyers think it's a good idea to sue MS.

In law, if you advise your clients badly, they get new lawyers. Mythic's lawyers would not advise them to pursue this suit if they did not feel they had a shot at winning.

[gn0me]

Originally posted by kashmir
No, dumbass, it isn't the same thing.

Mythic = game developer name
Dark Age of Camelot = Mythic's game

Microsoft Game Studios = game developer name
Mythica = MGS' game

If Microsoft were making a game called Camelot: The Dark Age, or some other name bearing striking resemblance to Mythic's product, intended to confuse the consumer, Mythic would have a leg to stand on. How many consumers will walk into a game store and be confused as to whether they wanted Dark Age of Camelot, or Mythica? When was the last time you called DAoC by the name "Mythic"?

Lindows is an OS that combines Linux and Windows. They're now marketing it as LindowsOS, not Lindows. they're lucky Microsoft was the only one to sue them for trademark infringement. They're both OS', and one very obviously takes its name from the other. That is infringement.

Giving your product a name similar to a company's name is not.


Oh yeah? Well... well... I work for a bigger firm than you, and I'm a partner! Not a paralegal! And I have a piece of paper I got on the Internet that certifies I passed the bar for the low, low cost of only $19.95. And thanks to a doctor in Florida who speaks in broken Engrish, and his recent medical breakthroughs, I'll bet my dick is bigger than yours, too! The doctor guaranteed it would be, or my money back!

Look, claiming you're a lawyer doesn't lend any credibility to what you say here.

Rick Goodman was booted out of Ensemble Studios (owned by Microsoft), makers of Age of Empires (an RTS game), started his own game company and made an RTS called Empire Earth. He's danced all over the success of the Ages of Empires franchise in efforts to market his game, and Microsoft hasn't touched him. Tell me why, Mr. Smarty-pants Lawyer Man.

There are some 983259873453-odd Train Simulator games out these days, and they're all pretty much the same, right down to their re-hashed names. They're not suing each other because they all know they're games whose content is the simulation of railroad building and trains. To market it as anything else would be misleading to consumers.

Stupid fuckers.

Dumbfuck, he's correct about the success of some of these lawsuits.

Also, just because a company can technically sue and win does not mean they always will. There are many factors that a company would take into consideration before outright suing. If they don't have a strong case they may forgoe legal action. Even if they do have a strong case it's not guaranteed they will win, and taking legal action can be very expensive. Sometimes it is just not worth it to file a lawsuit.

[Iannis]

Plus it's serving a useful point: Publicity. Mythic doesn't have the same name recognition of EverQuest. Someone might have their interest piqued by the wacky lawsuit (I have to admit, Mythica really looks interesting to me. Germanic mythology is the win. If I saw some company named Mythic suing for infringement I might think "whoa, another kickass Norse game!") Judge might not have a clue about the games either, and go "hmm, they ARE similar."

[Florimel]

GameTek had to pay royalties to Elite Systems ltd in order to publish the space trader sim Elite. It's one of the reasons the sequels tried to change the brand name.

[Castigator]

Whether you like the company or not, DAoC has been a success. If you check Camelot herald right now, they have 40k people on, and that's not counting Italian and Korean numbers. The game didn't cost very much to make, and they have had over 100k subscribers since it came out, and at one point it was up to 250k from what I've read. To say it hasn't been successful because it doesn't have the subscribers EQ does is naive

Agreed, DAoC is still standing and making cash.

Something that cannot be said about most of the other "EQ-Killers" that have come and gone in the past.

But back to the topic at hand.

Mythic might not be able to win the case in the long run, but if they manage to get a decision from a judge that forces MS to delay the release of Mythica untill the case is settled, and than threaten to draw the lawsuit out for years and years, thats just as good.

MS might be better off to pay a few $$ and be done with it.

[Szlia]

Lawyer wannabees on internet forums are the win.

"As an atorney of law..."

[chackle]

pfffffffft

success or not, it's damn good advertising