"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."