Sorry this took so long, but I don't visit these forums regularly.
Actually, that's EXACTLY how that works. IP/trademarks are active for three years after the last use. After that, they are considered abandoned. After that, the previous holder has to file a petition with the U.S. Patent and Trademark Office, to reinstate the trademark. NCSh*t did NOT have a trademark on City of Heroes until they reapplied for it, on May 12, 2023. There was no reason for anyone to negotiate for rights to use the names and IP at any time during the period 30 November 2015 (three years after the IP went inactive (servers shut down)) to 12 May 2023. All anyone would have had to do is apply for the trademarks for themselves, during that time period, and NCSh*t wouldn't have any rights to their use.
NCSoft Application Information for "City of Heroes" trademark:
US Serial Number:
97934673
Application Filing Date:
May 12, 2023
US Registration Number:
7348950
Registration Date:
Apr. 02, 2024
Status Date:
Apr. 02, 2024
Publication Date:
Nov. 21, 2023
Notice of Allowance Date:
Jan. 16, 2024