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.