The Day Before, an upcoming multiplayer survival game developed by Fntastic and published by Mytona, is still the subject of a trademark dispute. However, the companies could use the new registered brand to eventually bring the title back on Steam.
What happened?
- As spotted by Australian website WellPlayed, New Zealand legal entity Mytona Fntastic Limited filed an application for the DAYWORLD trademark on August 3.
- The list of categories includes “downloadable game software” and “computer game software downloadable from a global computer network.” This indicates that the studio may use it as the new name for its upcoming MMO survival game The Day Before.
- The game is expected to launch on November 10, but it is currently unavailable on Steam. So Fntastic needs a plan B if it can’t resolve the issues and get their project back on the store.
Brief timeline of the drama around The Day Before
- In January, The Day Before was suddenly delisted from Steam, with Fntastic describing the issue as a “known bug that has affected multiple titles in the past.”
- After that, it was confirmed that the reason behind the removal of The Day Before was a trademark complaint. It turned out that neither the studio nor publisher Mytona registered the trademark prior to the game’s announcement in January 2021.
- The companies stated that they “will find out all the circumstances of the incident and will definitely solve everything.” However, they eventually postponed the release date of The Day Before to November 2023.
- In February, South Korean developer revealed that it was the owner of The Day Before trademark. It operates a calendar app of the same name, which currently has over 18 million lifetime downloads (via AppMagic).
- “Since the trademark registration in Korea in 2015, we have held the right (registered in the name of ‘The Day Before’ CEO Lee Sun-jae),” the company told Eurogamer. “Knowing that the game of the same name was produced, we are taking measures to protect trademark rights.”
- Fntastic decided to dispute the trademark in court, but it is still unclear whether the studio will be able to win the legal fight. According to court documents, the case is currently suspended.