[Ekco]

>bluffing all this time about actual litigation
they have to do stuff for trademark law reasons iirc,

tl;dr but pretty sure it agreed with me

does "use it or lost it" apply to say for example the Everquest IP versus emulated servers
Yes, the principle of "use it or lose it" can apply to the EverQuest intellectual property (IP), particularly trademarks, in the context of emulated servers. However, it's more nuanced than a simple "use it or lose it" scenario.
Here's why and how it's relevant:

Trademark Dilution and Genericism: If a company allows widespread, unauthorized use of its trademarks without taking action, it risks the marks becoming diluted or even generic. If "EverQuest" becomes so widely used by unauthorized emulated servers that it loses its distinctiveness as a brand owned and controlled by Daybreak Game Company (the current IP holder), it could weaken their ability to enforce those trademark rights.
Copyright Infringement: Emulated servers often use copyrighted elements of the game, including the code, artwork, music, storylines, and characters, without authorization. While the "use it or lose it" principle primarily relates to trademarks, failing to enforce copyright against such widespread infringement can also weaken a company's overall position in protecting its IP.
Daybreak's Enforcement Actions: Daybreak Game Company has taken legal action against emulated EverQuest servers in the past, including the recent lawsuit against "The Heroes' Journey" (THJ). This demonstrates their intent to protect their IP and prevent the "use it or lose it" scenario from playing out.

Key Considerations

The Nature of Emulation: Emulated servers often recreate the game using the original game files and assets, raising clear issues of copyright infringement. According to Massively Overpowered, some servers operate with formal agreements with Daybreak, like Project 1999.
Monetization by Emulated Servers: Some emulated servers monetize their operations through donations or in-game purchases. This can further strengthen the argument that they are infringing on the official IP and competing with the legitimate product.
Protecting the Future of the Franchise: Daybreak's lawyers have argued that the existence of emulated servers, particularly those that are popular and well-established, threatens the "very existence of EverQuest itself", according to aftermath.site. This highlights the company's concern about the impact on their brand and ability to innovate and develop the franchise moving forward.

In Summary
While Daybreak Game Company might not face an immediate loss of trademark rights due to a single emulated server, continued and widespread unauthorized use without enforcement can certainly weaken their overall IP position. The recent legal actions demonstrate that Daybreak understands the importance of enforcing their IP rights to protect the EverQuest franchise, especially against projects perceived as direct competitors or those generating revenue from the unauthorized use of their assets.