Mythic sues Microsoft

[Zhakrin]

http://games.slashdot.org/games/03/1...id=206&tid=209

http://money.cnn.com/2003/12/22/technology/mythic.reut/

Mythic Entertainment sues Microsoft
Video game publisher says Microsoft's forthcoming game 'Mythica' infringes on its trademark.
December 22, 2003: 2:51 PM EST

LOS ANGELES (Reuters) - Video game publisher Mythic Entertainment Monday said it has filed suit against Microsoft Corp. for trademark infringement over an upcoming Microsoft game that Mythic claims unfairly trades on its name.

Fairfax, Virginia-based Mythic said the suit was filed last month in federal court in eastern Virginia. The privately-held company is best known for subscription online role-playing games like "Dark Ages of Camelot."

In a statement, Mythic said the forthcoming Microsoft PC game "Mythica" infringes on its trademark and could cause confusion among consumers.

A Microsoft (MSFT: down $0.35 to $27.01, Research, Estimates) spokeswoman was not immediately available for comment on the suit.

"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," Mythic President and Chief Executive Mark Jacobs said.

"Mythica," from Microsoft Game Studios, was demonstrated earlier this year at the industry's E3 trade show. Players play as "Immortals" recruited by Norse gods, and the game is centered in Norse mythology.

Mythic's "Dark Ages of Camelot" also employs Norse images and mythology, and Mythic argued in its suit that the imagery in "Mythica" is too much like its own game.

The suit asks for damages as well as an injunction against Microsoft and other penalties.

Can they really trademark a entire culture for a gendre like that? Seems sort of rediculous.

[Furor Planedefiler]

Originally posted by Zhakrin
http://games.slashdot.org/games/03/1...id=206&tid=209

http://money.cnn.com/2003/12/22/technology/mythic.reut/




Can they really trademark a entire culture for a gendre like that? Seems sort of rediculous.

Did he actually compare someone making a software title or company called "Microsofta" to someone making a game called "Mythica?"

I must have missed the memo where the word "MYTHIC" was created by Mark Jacobsen, who is apparently in contention to take this years award for "The Stupidest Human Being Alive."

[Castigator]

Can they really trademark a entire culture for a gendre like that? Seems sort of rediculous.

Well, a lawsuit likely isn't the point where companies like that start off with. There probably has been some dealings and disputes were Mythic tried to get some cash from MS and they refused.

As it says, I think the relevant point is the similarity of the product.

If you name your softdrink "Excel" or your binoculars "Windows" than your likely on the safe side, since the words are generic enough to get no copyright.

If you do the same with Software, your in for some fun.

[Wrathcaster]

I can somewhat see where Mythic is coming from on the fact that they produce MMORPG's, Mythica is a MMORPG, its a norse MMORPG, and so is DAOC, which they make, but do not make Mythica...

However, I think its just a ploy for monies.

lol @ Mythic

btw when is beta for World of Microsofta supposed to happen?

[Clowns]

Fuck that, I hope they sue M$ for all it's worth. They do little ploys like similar product name things if they can't buy your company outright. I bet Lindows was a better operating system too.

[Kaxmax]

It's probably something their lawyers made them do. Copyright infringement, no matter how small, must be dealt with to prevent future legal complications. If they didn't pursue this, and some time in the future MS decides to put out Dark Age of Campelot, MS could point back to this case if Mythic tried to sue.

The suit probably won't go anywhere, but Mythic has to at least make the attempt to cover their asses in the future.

[Samus Aran]

This would be a fucking joke if something like this hadnt already happened.

Spike Lee sued SPIKE television becuase his friends thought Spike Lee was in charge of the station. The worst part is Spike got the network to pay him off.

[kashmir]

Mythic won't make a dime.

Mythic - name of a software company

Mythica - name of a piece of software

Really, if Microsoft wanted to make money off of some alleged naming ploy, I can think of better franchises to tie their game's name to.

ForeverQuestia, y0!

Don't act like you wouldn't be fooled, you stupid fucker; you know you'd pick it up thinking it was related to EverQuest.

Stupid fucker.

If you DAoC fanbois would stop canceling your accounts every time a new expansion is released, and just suck it up like the real men in EQ do, Mythic wouldn't have to stoop to this sort of shit to make payroll.

Sucks to wish your game was cool, but know that the bottom line doesn't lie.

[Iannis]

Whoa there pard.

Sure, the case has about as much merit as that retarded one where White Wolf sued the producers of underworld because their movie had vampires AND werewolves in a cyber-punk type atmosphere (oooh), but that was a bit harsh on Mythic. Sony would probably be up MS's assholes too if they had the name was "Viking Quest" or something. (as a random question, does Brad McQuaid get royalties or some shit from the EverQuest franchise games? Should have a pile from the slew of Playstation and RTS and RPGs and tabletop and probably trading card game next that they're slapping the EQ label on if so.)

The dildo they shove up your ass isn't QUITE as big as the one SOE still sticks up every EQ junkie's ass roughly 3 times a year now. If SOE was running DAoC they would've had a $30 price tag on Mythic's *free* downloaded Foundations housing expansion, and the gonna-be-released-the-week-before-WoW free RvR expansion. (nobody playing is naive enough to buy the PR line that they were waiting to balance Frontiers around the Atlantis AA abilities.)

[Regime]

haha white wolf did they lose I hope?

peace

[Kaxmax]

If you DAoC fanbois would stop canceling your accounts every time a new expansion is released, and just suck it up like the real men in EQ do, Mythic wouldn't have to stoop to this sort of shit to make payroll.

Is this sarcasm? Did you really just say that you're a "real man" if you bend over and take whatever piece of shit software SoE throws at you? If people are quitting DAoC because an expansion is sub-par, I'd say good for them. It's more than can be said for most of the EQ addicts.

[Jait]

Only in America baby.

Some lucky guy 5000 years ago sitting in Sumer is due for some serious infringment cash.

If only he knew!

[kashmir]

So then tell me, if Mythic knew as well as you and I that they're fighting a losing (and probably embarrassing) battle, what is their motivation? Microsoft's legal department isn't someone you just go picking fights with, especially over ambiguous name branding, because it's no secret that Microsoft refuses to be pushed around, and anybody that comes after them with anything less than a rock-solid case will just be lawyered to death. There is no precedent to be set or example to be made in all of this because as it was stated previously, and much to the dismay of Mark Jacobsen, Mythic does not own the word mythic.

If you were building a game identical to the Sims, and you decided to call it Neighborhood Sim, EA would be stupid to come after you because they do not own the rights to the word simulator, abbreviated or not. If your game is a neighborhood simulator, you are well within your rights to brand it as such. Phil Simm's family, the Simms, would have more success in a misrepresentation suit over The Sims than Mythic will hope to have in a name branding suit against Microsoft.

If Microsoft's game revolves around Mythology, why is it so wrong that they brand their game to that end? Mythic's MMORPG marketshare isn't getting any bigger, and this is one more way they're looking to bring in some money. Going after Microsoft with a suit as frivolous as this lends an outsider some insight into just how stupid somebody over at Mythic is.

Is this sarcasm? Did you really just say that you're a "real man" if you bend over and take whatever piece of shit software SoE throws at you? If people are quitting DAoC because an expansion is sub-par, I'd say good for them. It's more than can be said for most of the EQ addicts.

Yes and no. People talk about leaving EQ all the time, but given our tolerance to put up with shit from SOE and buy expansion after expansion, it's obviously easier said than done. Do you know how hard it was to walk away from 2 level 50 toons in DAoC after 9 months of playing it non-stop? It was as hard as setting up an account on ebay.

[Zurren]

Microsoft sued Lindows over the name of their product (Lindows), as it was too similar to Windows, this is the same shit diff pile, wonder if M$ enjoys the taste of it.

I think M$ won their suit against Lindows...

[Kaxmax]

Going after Microsoft with a suit as frivolous as this lends an outsider some insight into just how stupid somebody over at Mythic is.

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.

If you were building a game identical to the Sims, and you decided to call it Neighborhood Sim, EA would be stupid to come after you because they do not own the rights to the word simulator, abbreviated or not. If your game is a neighborhood simulator, you are well within your rights to brand it as such.

Sorry, you are wrong. The Sims is a trademarked name. Any competing company who uses a similar term which can capitilize off of EA's success will be handed a lawsuit, and will most likely lose. Most companies wouldn't even let it get that far, they will settle out of court before taking the bad publicity.