I’m aware there is another topic on this.
Let’s play devil’s advocate
Has Mythwars really breached copyright? Has E and P trademarked anything? Is there any brand dilution?
I’d argue that the format and style of E and P is not really that special.
It operates on a loot box structure (with fully disclosed odds and percentages, importantly) which is common to many games.
Selecting levels on a map is ordinary in most mobile games.
Having hero powers charge up in a match three game is also very generic.
So long as Mythwars hasn’t copied character designs, has it breached anything legally?
Interesting questions, I’m sure whoever developed Mythwars thought they could get away with it.
On the other hand if I was acting for Small Giant I’d probably argue that the presentation, style and layout of both games (main menu, castle, game play, loot portal, level structure, narrative of tutorial) is so similar that, if you get both games and do a frame by frame or side by side comparison, a consumer might think they are from the same developer. The only main difference is character appearance. I think this is a strong argument too.