Daybreak sues THJ

[Reiwa]

Originally Posted by Reiwa [You must be logged in to view images. Log in or Register.]

Insincere apology for the bump, but is there a link to the actual P99/DGB agreement in the court documents?

Asking because I think people are taking permission to use the license for the Titanium client as permission to develop expansion(s) content beyond Velious.

Thanks for the helpful link @shovelquest.

Document 53 - page 4 - Exhibit C

Originally Posted by Section 6

6) Intellectual Property.

All intellectual property rights in EverQuest, the Daybreak
websites, and all other Daybreak games and business assets, including without limitation all
trademarks, copyrights, and patents, are and will remain Daybreak's sole and exclusive
property, You may not use any Daybreak trademarks, names, logos, or Daybreak Game Assets
(as that term is defined in Daybreak's Terms of Service) unless: (i) such use is expressly
permitted by Daybreak's Terms of Service or this Agreement, or (ii) such use is a valid "fair use"
under applicable law. Under no circumstance will any use of Daybreak's trademarks, names,
logos, or Daybreak Game Assets be permitted in connection with the advertising or promotion
of Project 1999, except as expressly provided in paragraph 7 below. If there is any
disagreement about whether your use of Daybreak's trademarks, names, logos, or Daybreak
Game Assets is permissible, we agree to cooperate with you in good faith to resolve the
disagreement. But in any event Daybreak will have the final say and you agree to discontinue
any use of Daybreak's trademarks, names, logos, or Daybreak Game Assets that Daybreak
determines in its reasonable discretion to be impermissible.
You agree that you will not (i) register or apply to register any of Daybreak's trademarks or any
marks similar to Daybreak's trademarks, (ii) register or use any domain name or social media
handle that contains any of Daybreak's trademarks, {iii) and/or (iii) dispute or challenge the
validity of any of Daybreak's trademarks or other intellectual property.

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