Mythic versus MS & Mythica

Mythic Entertainment Files Suit Against Microsoft for Trademark Infringement is the press release with word that Mythic Entertainment is suing Microsoft over the title Mythica, MS's upcoming MMORPG. Here's a bit:
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.
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62.
 
Re: No subject
Dec 23, 2003, 15:20
62.
Re: No subject Dec 23, 2003, 15:20
Dec 23, 2003, 15:20
 
The French. Yea. Notorious for retreating or just plain avoiding a fight altogether. Hehehe.

-Tony!!!;)
-Tony!!!;)
my 360 user name is Robo Pop
61.
 
Re: No subject
Dec 23, 2003, 13:18
61.
Re: No subject Dec 23, 2003, 13:18
Dec 23, 2003, 13:18
 
"The idiots can't see past their own misplaced rage"

Misplaced rage in a forum? WTF? I've never seen that happen!

I play DAoC and love it, but I think Mythic is being just a little bit silly here. If Mythica is any good, I'll play it too.

MS better be careful though, because the company that publishes DAoC is Vivendi. No one dare mess with the French! Bwahahahaha!

-MJ

60.
 
No subject
Dec 23, 2003, 11:57
60.
No subject Dec 23, 2003, 11:57
Dec 23, 2003, 11:57
 
funny how some people are so willing to jump on the "must hate MS no matter the situation" bandwagon despite how ridiculous the arguement is.

The idiots can't see past their own misplaced rage

59.
 
No subject
Dec 23, 2003, 11:53
PHJF
 
59.
No subject Dec 23, 2003, 11:53
Dec 23, 2003, 11:53
 PHJF
 
As CEO of Sony Online Entertainment, I am hereby sueing anybody who makes a 3D game that is multiplayer.

I demand economic remedies for this blasphemous attempt to confuse consumers!

------
“The closer you get to being a pro, the closer you can get to the client. The knife, for example, is the last thing you learn. Ok?"
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58.
 
Re: obviously
Dec 23, 2003, 11:43
58.
Re: obviously Dec 23, 2003, 11:43
Dec 23, 2003, 11:43
 
"Sees something successful and copies it."

I'd like to point out that they had Asheron's Call before DAOC came out. Fantasy MMORPGs are a dime a fucking dozen.

This is what is probably going to happen:
(1) A lot of people who hadn't ever heard of this game will now know what it is because it will be on every gaming news website.

and then:

(2a) Microsoft will win the case and will have gotten a lot of free publicity

or

(2b) Microsoft will rename the game and everyone will know because it will be on every major gaming website

Either way, it doesn't really matter. Lots of people now have heard of this game because everyone's buzzing about the suit and whether or not it gets renamed is pretty irrelevant. Besides, Mythic doesn't want boatloads of cash, they just want it to be renamed (and economic remedies, which probably isn't much to MS)

57.
 
Re: obviously
Dec 23, 2003, 11:42
57.
Re: obviously Dec 23, 2003, 11:42
Dec 23, 2003, 11:42
 
Yeah, I'll just name my company "The" and sue the pants off anyone who dares to infringe my rights by using that word in any of their games.

56.
 
obviously
Dec 23, 2003, 10:50
56.
obviously Dec 23, 2003, 10:50
Dec 23, 2003, 10:50
 
Obviously just from this forum you guys can see there can be some confusion between the different names, and that's why they are taking MS to court.

MS sues for crap like this all the time. I just wish other companies were more willing to sue MS for infringments.

MS does this all the time. Sees something successful and copies it. This time they are getting called on it, that's all.

55.
 
Re: Yeah, well...
Dec 23, 2003, 09:54
55.
Re: Yeah, well... Dec 23, 2003, 09:54
Dec 23, 2003, 09:54
 
Maybe they could scrounge up enough money to hire actual game artists this time if they win.

54.
 
Re: Yeah, well...
Dec 23, 2003, 08:39
54.
Re: Yeah, well... Dec 23, 2003, 08:39
Dec 23, 2003, 08:39
 
Impressive, a response based on intelligence. I've no interest in either the Mythica game or any game released by Mythic Entertainment, but I do think this case is a bit frivolous. I can kind of see Mythic's point, but if this wasn't a big company they were going after (i.e. if the target was a tiny developer or a smaller publisher), I don't think they would have bothered. I think they may more see this as an easy attempt to capitalise off a behemoth company and get some fast funding for their next project.

Parallax Abstraction
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53.
 
Re: Yeah, well...
Dec 23, 2003, 06:36
53.
Re: Yeah, well... Dec 23, 2003, 06:36
Dec 23, 2003, 06:36
 
Some people have seem to have forgotten the way copyright laws work in the US. Yes, Mythic is a generic term from the english language, so is doom, halo, fantasy, final, star, wars, trek, etc.... The reason they can do this is the same reason Blizzard was able to stop the production of a movie with the name "Diablo," because they already had the rights to it (which frankly surpises me, the term being so old) as far as movies and digital entertainment are concerned, so for all blizzard could care, I could make a brand of popcorn, and market it as "Diablo-pop" and they wouldn't bat an eye, but the second I try and make a game or motion picture, I've stepped into territory they've claimed already. Stop comparing apples and oranges. Mythic the company publishes computer games, their most famous of which is based upon a series of norse legends; Microsoft is making a game of a similar nature that falls into a similar category. Mythic an extremely weak case, going for the strawman argument, and I seriously doubt anything will come of it, there are "similarities" but I find them so withdrawn from one another that I doubt any judge would support a decision in favor of Mythic.

52.
 
Re: Yeah, well...
Dec 23, 2003, 06:14
52.
Re: Yeah, well... Dec 23, 2003, 06:14
Dec 23, 2003, 06:14
 
I think this is all well and good as long as the people who made the game "Myth" turn and sue Mythic afterward.

51.
 
Re: More ridiculous bs from ms/mythica
Dec 23, 2003, 04:26
51.
Re: More ridiculous bs from ms/mythica Dec 23, 2003, 04:26
Dec 23, 2003, 04:26
 
Yeah, I know I'd sure be confused by looking at two game boxes side by side when one says Mythica and the other Dark Age of Crapalot. It's just impossible to tell the difference. It's all too confusing!



"Physical reality is consistent with universal laws. Where the laws do not operate, there is no reality."
- Mr. Spock
"And then, suddenly and without warning, it turned into a real-life case of hungry, hungry hippos."
- Stephen Colbert
50.
 
Re: More ridiculous bs from ms/mythica
Dec 23, 2003, 02:48
50.
Re: More ridiculous bs from ms/mythica Dec 23, 2003, 02:48
Dec 23, 2003, 02:48
 
Do you smoke crack Cicatrix??

Parents or people not educated in modern games??? Is that a joke?

Why not go after the guys that made Myth???? Hmmmm.....

'Mommy, I want Mythica.'
She goes out and buys Dark Age of Camilot. Why? Because in the lower right hand corner in small print read Mythic. Never mind the HUGE title of the game on the front.

Some people always have to try and iceskate uphill.



-Tony!!!;)
This comment was edited on Dec 23, 02:48.
-Tony!!!;)
my 360 user name is Robo Pop
49.
 
Pathetic
Dec 23, 2003, 02:30
Vex
49.
Pathetic Dec 23, 2003, 02:30
Dec 23, 2003, 02:30
Vex
 
Utter garbage. First of all, a comparison between "Mythic/Mythica" and "Microsoft/Microsofta" isn't even valid. Mythic is a word in the english language; Microsoft is an original name. If a company made a game called Microsofta, Microsoft would actually have a basis for complaint. Mythic doesn't because they jacked the name, and they aren't nearly as "recognized" as Microsoft.

If i was Microsoft though, i would change the name. Why risk confusion with the white, crusted lump of dog shit that is DAoC?



48.
 
Re: More ridiculous bs from ms/mythica
Dec 23, 2003, 02:25
48.
Re: More ridiculous bs from ms/mythica Dec 23, 2003, 02:25
Dec 23, 2003, 02:25
 
Cicatrix, I think you're just really dumb. If i go by your opinion very common company names such as Shoes Inc. or Coats Inc., even though they don't exist, could sue anyone using part of their company name. Are you just that stupid? Mythic is a general word, and similar as somebody already said on this board so far, if some company names itself Ring Entertainment, will they really be in position to sue Peter Jackson and J RR Tolkien's family for Lord of the Rings, or the directors of the "Ring" movie? (that movie sucked anyway but you get the point)

QUOTE: I don't see why so many people here get so pissed off about this kind of thing. I know you spend most of your time locked up in your room and need SOME way of venting rage, but please, calm the fuck out. Mythic has a pretty good case here.

hahaha I can't say anything else that you're a stupid human being. If the court really starts to think everybody is so fucking stupid they can't tell the same word or *SIMLIAR* words in this case, in different contexts, then I'd rather move to anywhere else than this country. Jesus H Christ someone that stupid needs to be shot.

47.
 
Re: More ridiculous bs from ms/mythica
Dec 23, 2003, 02:06
47.
Re: More ridiculous bs from ms/mythica Dec 23, 2003, 02:06
Dec 23, 2003, 02:06
 
First off it's not Mythic, it's Mythic Entertainment.
Second, it's the name of their company not their fucking game.

Sure, MOST people will tell the difference. But there could be confusion among parents or people not educated in modern games. Belive it or not, there are a lot of people who play games that don't spend as much time as you or I reading Blue's News and the like.

The words Mythic appear on both boxes. Both games are very similar in both genre and story concepts. It's really not that bad of a case.

I don't see why so many people here get so pissed off about this kind of thing. I know you spend most of your time locked up in your room and need SOME way of venting rage, but please, calm the fuck out. Mythic has a pretty good case here.

46.
 
Re: More ridiculous bs from ms/mythica
Dec 23, 2003, 01:38
46.
Re: More ridiculous bs from ms/mythica Dec 23, 2003, 01:38
Dec 23, 2003, 01:38
 
First off it's not Mythic, it's Mythic Entertainment.
Second, it's the name of their company not their fucking game.

Mythica - Game
Dark Age of Camelot - Game

Any confusion between the two names?

It's a frivilous lawsuit, and I only hope the judge lays some serious smack down on Mythic for wasting the courts time.


"Physical reality is consistent with universal laws. Where the laws do not operate, there is no reality."
- Mr. Spock
"And then, suddenly and without warning, it turned into a real-life case of hungry, hungry hippos."
- Stephen Colbert
45.
 
Re: Microsoft has a history of suing...
Dec 23, 2003, 01:03
45.
Re: Microsoft has a history of suing... Dec 23, 2003, 01:03
Dec 23, 2003, 01:03
 
Sloan, that's not even a rightful comparison. Your example would apply if, say, Microsoft was naming thier game 'Dark Age of Bamilot'!

-Tony!!!;)
-Tony!!!;)
my 360 user name is Robo Pop
44.
 
Microsoft has a history of suing...
Dec 23, 2003, 00:48
44.
Microsoft has a history of suing... Dec 23, 2003, 00:48
Dec 23, 2003, 00:48
 
Microsoft has a history of suing for similiar!
Everyone knows about the Lindows vs. Windows suit but there is also another case from 1999/2000. In this suit Microsoft succesfully sued Xpedior claiming that the name of their company was to similiar to Expedia, Microsofts Encyclopedia. Xpedior was a small net-consulting firm so the similarity and possibility for the two to be mistaken was even less than the Mythic/Mythica lawsuit.
This is a news item taken from CNet when Microsoft won the case:

XPEDIA WINS NAME CLAIM AGAINST XPEDIOR
Microsoft offshoot Expedia has been successful in its lawsuit against Xpedior, an ecommerce consulting firm. Expedia has forced Xpedior to rename their company before 2003 and to pay Expedia compensation if the name is not amended by the close of 2001. Xpedior has indicated that they are likely to change their name before the 2001 deadline and will continue with business as usual.


Since Microsoft pursued and successfully won this case I really dont see how they have a leg to stand on in this instance. The similarity between Xepdior and Expedia is way less than the Mythic/Mythica similarity especially when you consider that Mythic makes MMORPGs and Mythica IS a MMORPG, whereas Xpedior was a net-consulting firm and had absolutely nothing to do with encyclopedias.

You can argue that both suits are kinda stupid, but you can not argue that Microsoft is right. What is good for the goose is good for the gander and Microsoft deserves to lose this case.

43.
 
Re: More ridiculous bs from ms/mythica
Dec 23, 2003, 00:03
43.
Re: More ridiculous bs from ms/mythica Dec 23, 2003, 00:03
Dec 23, 2003, 00:03
 
Who really owns the "Mythic" name? that's so fucking general you can't sue people over that.

Wow maybe I should start a company named Everybody's Entertainment and I shall sue everybody using the name Everybody because they will think they refer to the company instead of the word.

Get a life you fucking idiots. That's one of the most stupidiest lawsuits I've ever seen.

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