Lawsuit: Adjourned Olympus (Napugi) vs. Olympus Brands (TheMightyZulf)

[Napugi]

Your Honor, I am here today representing my company Olympus in our lawsuit against Olympus Brands, owned by TheMightyZulf, due to what we feel is an eerily similar name and purpose of the company to what Olympus is. To clarify before going into the evidence, we are not seeking any financial settlement or any lawful incrimination, we just want to protect our business, our interests, our public image, our uniqueness, and our differentiation.

I was made aware of the existence of Olympus Brands at 11:26 AM PST on March 30th due to a business advertisement of the grand opening of Olympus Brands on the Business Advertisement Discord chat.
Olympus Brands Advertisement: https://imgur.com/cZozU5T

When I was made aware of this I reached out to TheMightyZulf through both In-game chat, as well as on Discord to try and ask him to change his company's name due to its similarity with mine, he refused all times.

My problem with all of this is that throughout my different businesses, either Olympus (the Umbrella company), Olympus Lumber (wood store), or Olympus Holdings (real estate company), Olympus is a key part of what holds together not only our branding but also our company's core and DNA. Olympus, the original company, is clearly an Umbrella company as stated in the two most recent company descriptions and posts on the Forums:

Post #2 (August 12, 2019): https://imgur.com/undefined
Post #3 (March 24, 2020) (Our most recent and updated company description): https://imgur.com/undefined

In the image shown above where "Olympus Brands" advertisement was made, it clearly says that "Olympus Brands has two subsidiaries:...," which basically shows how his Olympus Brands is an umbrella company like my Olympus.

As of 6:50PM PST, on March 30th, 2020, no company post has been made about Olympus Brands, while there are multiple made for my Olympus company.

To prove my legitimate claim that Olympus was also created before Olympus Brands, on the list of approved services (https://www.mcbusinesscraft.com/forum/threads/list-of-approved-services.2134/#post-15483), you can see that Olympus is at a higher position than Olympus Brands, which in this list, the companies are listed on chronological order, and no other different order.

Because having two very similar companies with very similar names existing on this server will cause much confusion and will take away from my exclusivity on branding with Olympus. I would like to ask you, the judge, the MC Business craft courts, and the MC Business craft government, to send Olympus Brands and TheMightyZulf a Cease and Desist letter on using the word Olympus in their company's name.

Your honor, I would like to repeat my initial statement, I do not look to gain financially from this lawsuit, or wish to have any problems with any other players due to this issue, but I would like to protect my company, my branding, and my image, and since a friendly and reasonable conversation with TheMightyZulf wasn't sufficient to solve this issue, I am reaching out to the courts to help me.

Thank you for your time your honor!

 

[Tree60NoScope]

@TheMightyZulf is hereby summoned to the court to acknowledge the case. If the Defendant, @TheMightyZulf, does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Tree60NoScope Bear in mind to not reply to court cases unless summoned by the Judge!

 

[Zulf]

@TheMightyZulf is hereby summoned to the court to acknowledge the case. If the Defendant, @TheMightyZulf, does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Tree60NoScope Bear in mind to not reply to court cases unless summoned by the Judge!

Your honor,

Most of what my opposition states is true.

However, I must also disclose the circumstances surrounding the materialization of my company.

Napugi's company, Olympus, was created in early August - at which time it was nothing more than a "sports" company, one that advertised gladiator matches, horse riding, etc.

Napugi disappeared without a trace the following month. His position as PO was relieved as well.

It was in the middle of September that I initially began putting together the foundation for my company, Olympus Brands, not knowing with any iota of information that the name Olympus was already taken - even if it was, the owner was gone, rendering the company completely useless anyway. Without knowing that his company was somehow still existing, I made the company Olympus Brands with help from William_CTO and a few others, with the goal of it being a parent company.

At this time I must stress that Napugi's Olympus was NOT a parent company - it was a sports one. My discord was created in the beginning of October - attached is a screenshot that I indeed had this idea of a parent company called Olympus Brands on the date of 10/11/2019.



I must stress again, I had zero knowledge of Napugi's company at this time. It was also NOT an umbrella company at all.

I also want to provide this:
I created a storage unit on the 12th of October in Ocean City and showed Kat, the mayor, and even cited my company. Below is a screenshot. At this point in time, Napugi was absent from the server without a footprint left behind, and his ghost company (Olympus) was still a sports company (of which I had no knowledge of).



Another point to be made - Napugi's company was undermarketed and undercampaigned, so much that I took testimonies from a few players that indeed did not know of the existence of Napugi's company before mine. This is also why I didn't know at all that his company had a similar name, let alone even existed.

My opposition argues that our companies are similar - there is no way that they are.

Napugi's companies are all named "Olympus ____" with a suffix like "lumber, holdings" etc. My companies have unique names - Hermes Media and Athens Superstores. Not to mention that his company is just called Olympus, while mine is Olympus Brands - my company also boasts completely different branding and product design, something he does not have at all.

One more point to be made - Napugi argues that these similar names will confuse customers if our companies are the same. I ask you this, Your Honor - what has Napugi done to even bring his company to the attention of BC players? One cannot be confused between two options when one option is not even present at all. His discord server has never been advertised in #business-advertisements, and his services have never been advertised in that channel either.

Given that the name of my company is specifically Olympus Brands, and it is advertised as such, I would like to bring to your attention that the opposition is arguing nothing more than a technicality, one that he fears would result in a convoluted understanding when he has not made the effort himself to make his company distinctive.

I also must address the fact that I told a few others about the plans of Olympus Brands way back in October. If need be, I can provide you with such evidence.

Furthermore, my brand and products are based around the Greek god theme- Hermes Media (media company based off the Greek messenger of the gods, Hermes), The Odyssey (newspaper based on the mythic journey of the hero Odysseus after the fall of Troy), Homer Magazine (tabloid based off Greek poet Homer), Athens Superstores (retail company based off the Greek city), and specific terms of the company are all based off Greek Mythology.

What's my point in stating this? If I were to change my company's name, I would have to change the theme, and therefore rename all my products and subsidiaries. However, Napugi's companies are just named Olympus (Olympus Lumber, Olympus Holdings). Therefore, if he changed his company's name, it would be easier to rebrand, since all his companies are called the same thing.

I urge you, Your Honor, to please take into consideration all these points made. Thank you.

 

[Tree60NoScope]

Thank you for your response.

Napugi, I would like you to explain the legal basis for sending a cease and desist letter to someone using a similar name. Additionally, you have the ability to respond to any comment that the defendant has made.

 

[Napugi]

Thank you your Honor, first of all I would like to edit a piece of evidence I provided, and while at it, respond to a few of the points that the defendant made.

Evidence to be corrected: "Post #2: ..." the imgur link that I provided didn't work for a reason, so here is the updated one: https://imgur.com/ZjsJdPE

One of the main points that the defendant here is making is that Olympus was just a sports company as of October of 2019, which looking at the evidence I have just re-provided, it was clear that, under the part "What is Olympus", it is stated that "Olympus is a brand new business conglomerate that is looking to expand into many different business sectors...." By definition, a business conglomerate is a "A conglomerate is a corporation made up of a number of different, seemingly unrelated businesses" (https://www.investopedia.com/terms/c/conglomerate.asp). Which is basically what an umbrella business is.

So, the statement that by October of 2019, Olympus was just a sports company is not only invalid but a total lie that could have been easily prevented with some research done for previous companies made under the name Olympus.

Another point that the defendant made is that I have not done much effort in order to advertise my business. To this point I would like to say that it is not completely false, but it also does not encompass the whole truth. It is true that I did leace and I had an absence of a few months, to which I say life sometimes makes decisions that are out of our controls. But ever since I came back, which is around a week ago, I have made many efforts in order to not only restart, but grow and advertise Olympus and its subsidiaries. In this past week I have not only finished the interior construction of my buildings headquarters, Olympus Towers, located in Covington city. But I have launched a new subsidiary called Olympus Lumber, which now features two stores, one in the new Central Market Mall, and another one in Palm Bay City.

As for not advertising under the Discord, it is for a very strategic purpose, I am trying to build up the supply chain, name recognition, and the discord itself in order to start advertising once it is at a level of professionality that I accept and present myself at.

This is a statement that the defendant made: "My opposition argues that our companies are similar - there is no way that they are." One which is in fact completely wrong. This is because both Olympus and Olympus Brands are umbrella companies, and this is a lawsuit between these two, not any of our subsidiaries which themselves are more unique.

Another statement that I see as completely false is the one where he mentioned that "If I were to change my company's name, I would have to change the theme, and therefore rename all my products and subsidiaries. However, Napugi's companies are just named Olympus (Olympus Lumber, Olympus Holdings). Therefore, if he changed his company's name, it would be easier to rebrand, since all his companies are called the same thing." First of all, it would, in fact, be much harder for me to rebrand and change my company's names since they are all built around the name Olympus, while his are just built under the Greek Theme, which changing the name of his Umbrella company from one Greek name to another would not cause him much trouble, especially since he has just started business and advertising.

The Greek theme is something that is easy to find, I have a hard time understanding why it is imperative for the defendant to use the name Olympus for a Greek theme when there are so many different Greek things that could encompass an Umbrella Business which all it does is just own other businesses.

I would just like to state that I am not issuing this lawsuit against any of the defendant's subsidiary businesses, but just to the name of his Umbrella company.

The reason as to why I would like this cease and desist letter is not to cause any harm or damage to the defendant or his company, but it is just to protect my assets. Since his company's name, Olympus Brands, has a connotation that all its brands include Olympus in its name, and because my Umbrella and its subsidiary businesses focus around the Olympus name theme. It will, under a name aspect, be very hard for my subsidiaries to distinguish themselves from his Olympus Brands.

If you need a bit more clarification please let me know.

Thank you your honor!

 

[Napugi]

Sorry your honor, I have an edit to add to the legality of this cease and desist claim.

Although the recent bill under the name of "Basic Copyright" was approved by a 9-0 vote, there is a legal understanding that copyright claims are needed. The President vetoed the bill under the assumption that it will be "very hard to prove that a building design is yours since most people pull inspiration from so many buildings. Also Id think it would be better for it to be requested from the courts rather than the DoJ." Which mentions that it vetoed it due to the building aspect of the bill, and not the copyright claim. Also, he claims that it would be much better to request this copyright claim from the courts rather than the DOJ, which is something that I am trying to accomplish.

I feel like this court case could set a precendent for the protection of business and shop names for future players and could help develop the legal and copyright system of MC Business craft.

I hope this clears up a bit more of my legal request for this cease and desist.

Thank you your honor!

 

[Tree60NoScope]

Napugi, you have not provided the court with a valid charge. You have given reasons as to why you would like to charge the defendant, but you have not provided an actual charge.

A vetoed bill has no effect as it is not valid. You have not obtained a copyright for the name Olympus in any shape because it is impossible to do. As for setting precedent, I cannot in good faith make a ruling on any bills or laws that do not exist.


Zulf, I am going to give you this time to make a rebuttal to what has been said here.

 

[Zulf]

Thank you your Honor.

It is at this time that I must state that Napugi is arguing in favor of a company that has been dead for seven months.

In the time where his company was completely useless, I created Olympus Brands.

I don't know about you, your Honor, but I believe this is enough justification for having a similar name to a dead company that I never knew even existed at one point.

Also, the premise that Olympus was a sports company is not "a complete lie" as Napugi has stated, as can be seen linked here: https://mcbusinesscraft.com/forum/threads/olympus-a-brand-new-and-innovative-business-idea.5235/

Upon further search, it appears Napugi has three other threads relating to Olympus. The fact that there are three other threads and this one above was the one I could get my hands on says something in and of itself.

The fact that Napugi has four different threads for his company shows just how convoluted his company is - not only did I not know this company existed due to undermarketing, but I would not even understand the company at all had I found it due to the large amount of forum posts.

Which leads me to address what Napugi has said about advertising. Napugi has stated that in the past week, he has made many efforts to advertise his business. If that were so, why do people not know his company exists? His company is completely absent from the public in general. How was I supposed to know that a ghost company was coming back the exact same week that I officially launch Olympus Brands?

It is important that at this time I mention that Napugi said that he has "made many efforts in order to not only restart, but grow and advertise Olympus". Note that my opposition uses the word "restart" - clearly acknowledging that his company was indeed dead, and for a 7-month long time period. For a dead company to come back and argue a case against another that was developing in the ghost company's absence is bizarre. If a wild region lasts for 4 months after a player is inactive, a company is most definitely dead before that.

My opposition also insists that renaming his companies are harder. I ask you, how? All he needs to do is change the first word of the companies he owns, while I have to change my products' and services' names if I abandon the Greek theme and go for another one such as Roman or Norse (just throwing ideas).

Napugi acts as if his company is even gaining enough public traction to be confused with Olympus Brands - a result of undermarketing has made his company relatively unknown to players. Even so, I must stress again that my company has entirely different branding.

One other thing, in his closing statements, Napugi writes "since his company's name, Olympus Brands, has a connotation that all its brands include Olympus in its name". This is entirely false. None of my companies or products have the word "Olympus" in them and they do not carry the connotation either. Hermes Media and Athens Superstores are more popular names than Olympus Brands itself.

Not to mention the fact that Napugi holds no copyright to the term "Olympus" as a company domain. Even if he did, "Olympus Brands" is not grounds enough to sue me for it. We operate in completely different industries. As I have emphasized before, my opponent struggles to justify a technicality.

Despite his efforts to nullify what I have said, my points still stand. His company should not even be here right now to argue this point because it is dead by definition - he has just reignited the embers. A company built in his prolonged absence should hold its own enough in a case like this.

Business conglomerates are very common - in fact, most of BC's business moguls own umbrella companies. WBC, MCorp, the former Hamilton Industries, Blue Industries, and CatchCorp are just a few that come to mind. A business conglomerate having a similar name is a coincidence, but not one strong enough to warrant a civil case, especially when I had absolutely zero intention to steal any idea whatsoever.

As your Honor has already also noticed, my opposition uses a rejected bill to argue in his favor. Being a member of parliament that has suggested a similar bill before, I know that in order to press charges against me, he would have to own the name Olympus, which he has no ownership at all to, much less the name Olympus Brands.

I appreciate your time.

 

[Tree60NoScope]

The plaintiff has brought forth a case that claims the name of his company is protected for over seven months without presenting any legal backing for having control over the "Olympus" name. As a result, I cannot rule in favor of the plaintiff because he has not presented a charge in which I can rule in his favor.

As a result, I am ruling in favor of the defendant.

Officially, both Olympus Brands may continue operating as is. Potential copyright issues in the future will be dealt with at a later time.



Unofficially, I suggest that Zulf adds an additional modifier to his branding, such as "Olympus Mons" or some other substantive addition.

Napugi, I recommend that you read and understand the laws which you are trying to use in a case before filing that case.

The court is now adjourned

Court Adjourned

This case was presided by Judge Tree60NoScope