there's a lot of assumptions and misinformation here. I deal with technology contracts, such as IP infringement, as part of my day job so here's my unofficial legal answer.
I just did a quick google search for Everquest to look for (C) vs (R) and saw that latter. Based off that assumption, Everquest is protected by trademark (R), not copyright (C)..those are not one in the same and are two distinct types of intellectual property. in layman's terms, think of trademark like coca-cola; it's a brand...pepsi is the exact same shit, but it has a different brand. trademarks protect the name and copyrights protect the creative work. Pantheon does not infringe on IP trademark because nowhere does it say Everquest, even though for all intensive purposes it tastes like Everquest. If it were copyright, it would be a whole different story, but Pantheon is within it's legal bounds to make their game as long as no direct EQ references are mentioned (this includes unique and distinguishable zones, items, mobs, etc.)
Now hypothetically speaking, even if Daybreak tried to lawyer the hell out of Pantheon and sue Mr. McQuaid, it's not a profitable move. Pantheon, which i'm sure will be profitable, is not the likes of Apple or Google...litigation fees for taking them to court are expensive. Realistically speaking, they would never sue Mr. McQuaid, but rather they would just let Pantheon marinate to see if it has profit potential. The smart move, which they will do, is just buy Pantheon from Brad and make it a Daybreak game. Similar to Verant --> Sony. In the end, it's all about the monayyyy
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