Microsoft and Mythic settle lawsuit

  • By Curt Feldman, GameSpot
  • Posted May 25, 2004 2:37 pm PT

Following the cancellation of Mythica, Microsoft agrees to no longer try to trademark the MMORPG's contested title.

Mythic Entertainment, developers of the successful MMORPG Dark Age of Camelot, said today it had reached a settlement in its trademark infringement and unfair competition lawsuit brought against Microsoft last December.

While specific terms were not revealed, Mythic said in a statement that "Microsoft has agreed not to use the term 'Mythica' or a number of derivations of that term in connection with future online computer games." Microsoft also agreed to drop a pending application to register Mythica as a trademark.

When the suit was filed, Microsoft was deep in the development of an MMORPG titled "Mythica." In the complaint, Mythic alleged that the game's title and prerelease publicity infringed on Mythic's name, constituted unfair competition, and caused "confusion, mistake, [and] deception among consumers."

As it turned out, Mythica was ultimately canceled by Microsoft Games Studio in February, but the suit was not immediately dropped.

From the wording in this morning's statement, the two feuding parties sounded like long-lost friends. According to Mythic Entertainment, defendant Microsoft is an "industry leader in computer software and technology." Meanwhile, according to Microsoft, plaintiff Mythic Entertainment is "extremely pleased with [Microsoft] counsel’s behavior."

Ultimately, Mythic Entertainment got what it wanted--for Microsoft to cease using the Mythica name in the context of any online game and to drop its application to trademark the name. "We got exactly what we had asked for from the beginning: the right to use our Mythic name and registered trademark without infringement," said Mythic Entertainment President and CEO Mark Jacobs.

While money also likely changed hands as part of the settlement agreement, both parties are bound by the terms of the settlement not to reveal the exact figure.

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