Mythic Entertainment, developer and publisher of the massively multiplayer online role-playing game "Dark Age of Camelot," and many other popular online games, announced that Mythic and Microsoft 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.
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, 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.
