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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.
“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 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.
