Comment Re:Creation date (Score 5, Insightful) 139
Too bad there's not some 'first copyright use trumps filing of intent-to-use trademark application" doctrine to make that relevant.
Umm, there is but, in the case of the character name it's not being used in commerce (trade) so, I'm at a loss of how trademark law would apply. Had this been a valid trademark case, the person who owns the character could have filed to have the filing removed but, there are just too many buts in this case
I handle trademark and some copyright stuff for a small non-profit. I've never had to threaten anyone and I've never pretended to be a lawyer, I just ask nice, explain and get good results. Had I come across a MMO character name that was the same as our trademark (which begs the question of how I found it, as I only look for infringement in places where infringement is likely to happen and cause harm), I at most would have been amused and can't imagine why I would contact anyone.
In all my cases it's either been 1) I don't want people to think we are associated with you or 2) your use is likely to cause confusion of the brand. The case against the OP is sad and laughable.