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Bethesda threatens Minecraft creator with lawyers


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http://www.gamebanshee.com/news/104162-bethesda-threatens-minecraft-creator-over-scrolls-name.html

 

Really, Bethesda? What's next No more use of the word The? How about Elder?

 

Are you so worried that Skyrim will flop that just because this guy had the word Scrolls in something you have to send the gibbering hordes of lawyers after him?

 

Quote for the linkphobic:

 

Just got a letter from Bethesda's lawyers. They claim "Scrolls" infringes on their trademark and everyone will confuse it with Skyrim. I still <3 Bethesda. This is hopefully just lawyers being lawyers.

 

Only an idiot would confuse the two. I call bullpoo on Bethesda.

 

It reminds me of when the Tolkien estate got all up in arms over use of the word 'ring'. It was parodied in an old issue of Dragon magazine. In the cartoon people were saying 'Look at my new engagement circular metal band!' and 'The phone is circular metal banding!'.

 

I guess we should now call the Dead Sea Scrolls The Dead Sea Curled-up Papers :D But oh dear, what should we call scrolling with the mouse?

 

The link has the letter, but it's in Swedish. Anyone here able to translate?

 

EDIT: there was a brief discussion on the official forums, but it got the smackdown. Has there always been a rule there about no legal discussions, or is that conveniently recent?

Edited by nyxalinth
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Lawyers being lawyers. I'm surprised they didn't try to sue the makers of the Call of Duty series for infringing on the name of Call of Cthulhu: Dark Corners of the Earth.

 

I guess this means we can longer make phone calls either lol. Nor use the words arena, dagger, fall, morrow, wind, oblivion, rage, etc. :P

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Scrolls is a generic term and thusly cannot be copyrighted. There is a big stink in NZ with cheesemakers, Fonterra is muscling in on the smaller companys who use the term *Vintage* because it's a generic term to descibe aged cheese it will no doubt be thrown out of court. Likely the same with ole Beth's scrolls, for look how many books use the word scrolls in there stories, especially fantasy stories and maybe fan fiction.

 

Big storm in a teacup over nothing. Beth should never have been allowed to use the term scrolls in the first place, being a generic term that cannot be allowed to be copyrighted.

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Bethesda is starting to annoy me. they are still in that lawsuit about someone making a Fallout MMO. idc if a Fallout MMO would bomb, i would love to see it. idr the specifics about it, but they seem to get their panties in a bunch over a lot of crap
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Bethesda is starting to annoy me. they are still in that lawsuit about someone making a Fallout MMO. idc if a Fallout MMO would bomb, i would love to see it. idr the specifics about it, but they seem to get their panties in a bunch over a lot of crap

 

This seems to happen whenever a company hits 'the big time'. Just like with people becoming famous, they get an attitude, think they're all that, forget it's the fans who made them, and start throwing lawsuits around like they're throwing beads to skanks at Mardi Gras :P

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Mind-boggling.

 

Mind you, Tim Langdell's career of IP-squatting with "Edge" trademarks has done a pretty good job of setting precedent against bethdesa's favour regarding the agressive protection of associated trademarks.

The fact that Zenimax Media's trademark listings include "the elder scrolls Morrowind/Oblivion etc unfortunately also clearly shows that "scrolls" as a standalone term is not listed among the trademarked terms.

 

I would be particularly surprised if this reaches a full case.

However it concludes, the only winners, really, are legal teams on both sides, raking in cash.

 

the games industry. Is'nt it such a lovely pitfull of vipers?

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I think I know enough swedish to translate... give me a minute...

EDIT: I will also add that it is to early to curse bethesda. Until I get any official word grom themselves I will asume that its just some lawyer who has acted on his own.

Edited by amycus
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Here it is. Note that I have probably made some mistakes:

 

Trade Mark Infringement

 

I write to you as a legal representative of the company ZeniMax Media Inc.

 

My mandator is creating and publishing interactive entertainment for, among others, consoles, computers, and handheld/wireless units. The company has a long and successful history and is behind a large number of awarded games, among these the wordly renown game series "THE ELDER SCROLLS". The trademark name THE ELDER SCROLLS is protected of, among others, different entertainmentwares and -services, where computer and consolegames are included. In EU is my mandator owner of the registered communion trademarks with the registered numbers 2840098 and 8283161.

 

It has come to my mandator's knowledge that Mojang AB ("Mojang") is using the signature SCROLLS in themarketing of a coming computer and/or consolegame. The signature SCROLLS shows serious visual, phonetic and conceptual similarities with my mandators trademark name THE ELDER SCROLLS. These similarities are strengthened by the fact that within the entertainment industry, the game industry included, it often occurs that goods and services with a common commercial origin are promoted through distinctive features that are constructed through a common trade mark element(?). As an example we can mention the company Nintendos worldfamous Mario-series with game titles like Mario Bros and Super Mario Bros, or the company Blizzards Warcraft-series with game titles like Warcraft: Orcs and Humans and World of Warcraft. Thus there is an obvious risk for the average consument to get the idea that good and/or services that are provided under the property name SCROLLS respective THE ELDER SCROLLS are from the same commercial origin or at least with companies with economical relations. In this context it is therefore our opinion that Mojangs use of the trademark name SCROLLS is... (the line continues on the next page that isn't shown in the photo)

 

Well thats a lot of BS... I think they just insulted all gamers out there...

Edited by amycus
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