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"Stop using our name," Says Online Game Industry's Leading
Independent
Developer and Publisher
FAIRFAX, VA - December 22nd, 2003 - 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 that it has filed a lawsuit against Microsoft Corporation for
trademark infringement and unfair competition.
"We have worked hard for eight years to earn our reputation
for producing
high quality online games, including games that compete successfully with
those offered by the biggest corporations in the world, such as Microsoft,"
Mark Jacobs, president and CEO of Mythic Entertainment, said. "The Mythic
name and registered trademark are the symbols of that reputation and
quality, and they represent the goodwill and recognition we have achieved in
the computer game industry and among consumers worldwide."
"We cannot allow Microsoft to usurp our rights, confuse the
public, and use
the Mythic brand to gain an unfair competitive advantage."
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(r), 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.
"We had hoped not to have to resolve this in court, and it
is truly
unfortunate that Microsoft declined to respect Mythic's rights," Jacobs
said. "But our name and mark are among our most valuable assets. We have
no
choice but to defend them, regardless of the size and power of our
adversary. 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."
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.
