Mythic and Microsoft Settle Legal Dispute: Game News

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Mythic and Microsoft Settle Legal Dispute

(Press Release)

FAIRFAX, VA – May 25th, 2004 – Mythic Entertainment, developer and publisher of the award-winning massively multiplayer online role-playing game “Dark Age of Camelot(R),” and many other popular online games, announced today that Mythic and Microsoft Corp., one of the industry leaders in computer software and technology, have reached a mutually acceptable settlement of the trademark infringement and unfair competition suit that Mythic filed against Microsoft last year in the U.S. District Court for the Eastern District of Virginia, in Alexandria.

As part of the settlement Microsoft has agreed not to use the term “Mythica” or a number of derivations of that term in connection with future on line computer games, and to drop its U.S. applications to register Mythica as a trademark. In addition, Microsoft will assign to Mythic, for undisclosed consideration, certain international trademark applications and registrations, common law rights and associated goodwill pertaining to the name Mythica, as well as domain names that were using the name in commerce. As part of the settlement, neither party admitted any fault or liability.

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“We are very pleased with the settlement of this suit. We have worked hard for nine years to earn our reputation for producing high quality online games,” Mark Jacobs, president and CEO of Mythic Entertainment, said. “And in the end, we got exactly what we had asked for from the beginning: the right to use our Mythic name and registered trademark without infringement.”

“When we filed this suit we said that we were

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not looking for ‘jackpot justice’ and once Microsoft recognized this we were able to work out this settlement. We are extremely pleased with the resolution, the settlement and Microsoft’s and its counsel’s behavior during the proceedings.”

The case alleged that a forthcoming online game from Microsoft, “Mythica,” and pre-release publicity for such game, infringed Mythic’s name and federally-registered trademark MYTHIC ENTERTAINMENT(R), and amounts to unfair competition in violation of federal and state law. The complaint alleged 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.

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(R)” and subsequent expansions “Shrouded Isles(R)” 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.