demolishun

Okay, I can see where you are coming from. I think what the company is actually taking issue with is that Scrolls could be confused with The Elder Scrolls. I don't know that trademark has to match exactly to be a violation of someone's IP. I know Microsoft did go after Lindows successfully. It is not the exact same word as Windows, but to Microsoft created confusion of brand. I still see the responsibility being on Notch to resolve this issue as they created IP that could possibly infringe. Yes, I do see Scrolls being too close to the name The Elder Scrolls. Also, the game is medieval in nature. If I were Notch I would be working very hard to smooth this over. Edit: I found this on another website It was found here: http://www.rockpapershotgun.com/2011/08/05/elder-scrolls-vs-notchs-scrolls/ This whole deal started when Notch applied for a trademark on "Scrolls" in the "computer games" market. So that is completely reasonable. Because if that trademark is granted then Notch could sue Bethesda for using "scrolls" in the "The Elder Scrolls" on the grounds of trademark infringement. It is self defensive measure. I think Bethesda learned something from the "Edge" guy. That is self defense.

I don't follow your logic. The main point of confusion I see on this forum is that Trademark != Copyright. You cannot copyright a single word like "scrolls". However, you can trademark a word or phrase like "The Elder Scrolls". What exactly are you thinking destroys my argument? Do you think trademark and copyright are the same thing? For instance if you used "scrolls" to describe a set of "scroll" in your game Bethesda cannot touch that. The issue at hand is naming the game itself "Scrolls". This is very similar to TES. Another example: "Windows" is a trademark of Microsoft. As is "Microsoft" is another trademark of Microsoft. The Windows operating systems are unique copyrightable works. The word "windows" is not copyrightable. The reason I put blame on the other company is that it is the responsibility of every company and individual to respect the IP of others. The other concept I see on this forum is because the company is small they are somehow special and should be protected from the big bad corporation. I am sorry to disappoint anyone, but the legal system is blind to such things. It has to be. If you are confused on the trademark vs copyright then visit the US Patent office here: www.uspto.gov

As many have mentioned trade mark is what this is about. If it even appears to collide with the "Elder Scrolls" trademark they have to sue. As to the other company they show a great disregard for other people's intellectual property. A patent search and trademark search are common in the manufacturing industry to make sure you are not colliding with someone else IP. Games should at least be searching for trademark. The other company either did not do that, don't care, or figured they were small enough to go unnoticed. They gambled and lost for the latter case. I think Bethesda and Zenimax are very generous in the use of their IP. This website called TES Nexus uses their acronym and takes the risk of having their IP damaged by letting a 3rd party use the reference to one of their products. Many other websites enjoy this privilege mainly because they have not abused it. 1. Nobody has copyrighted the word "scrolls". 2. Because "The Elder Scrolls" is a trademark it must be defended or the owner of the trademark risks losing ownership of the mark. 3. This is not a big company vs indy or little guy garbage. This is one company did not do their homework and screwed up. This causes another company to have to correct the situation. They don't want to have to do this. 4. To help people understand: this is like someone stealing your identity, then the uneducated world vilifies you for trying to recover your identity, or for trying to mitigate the damage. 5. I believe it is really stupid to post a legal notice on the internet of an unresolved dispute. This shows an intent to try and use PR to influence the legal system. Or "trial by media". This could be construed as an attempt of defamation of a company and could open one up to more legal liability. This is a dangerous path to take. Fine Print: Of course these are all my opinion and IANAL. For legal advice you would be wise to seek a qualified lawyer. This product is known to cause hair loss, ugliness, and make you fat. Take twice a day until you hear the phrase, "Dear God what is that thing!"