Bethesda sues Notch over the use of the word "Scrolls"

[yoba333]

A few days ago, the legal department of Bethesda Softworks (not to be confused with Bethesda Game Studios) served the creator of Minecraft, Notch, legal papers regarding the title of Notch’s upcoming game, “Scrolls”. The Bethesda legal department expressed concern that people will confuse Notch’s “Scrolls” game with “The Elder Scrolls” series.

 

Notch posted this on his blog.

Today, I got a 15 page letter from some Swedish lawyer firm, saying they demand us to stop using the name Scrolls, that they will sue us (and have already paid the fee to the Swedish court), and that they demand a pile of money up front before the legal process has even started.

 

While many were speculating early on that this was a joke, as of now it does not appear to be. It looks like Bethesda will be going forward with the lawsuit.

 

Neither Bethesda nor Zenimax has made any statements regarding the incident.

 

 

Update: Here is the first page of the legal document (translated from Swedish).

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)

 

Thank you, amycus, for posting the document.

Edited August 8, 2011 by yoba333

[Jack0Knife]

Suing an indie company? That's pretty low.. :|

[GeohoundJason]

... What? In my opinion, that's just insanity. It would make more sense if Notch decided to name their new game after one of the provinces of Tamriel.

[Xeyska]

Suing an indie company? That's pretty low.. :|

 

It is. What the heck are they thinking? This lawsuit is stupid.

[looloolooigotsomeapples]

Unless Zenimax/Bethesda actually trademarked the simple word "Scrolls", for any sort of game, is there even any chance of them winning the lawsuit? Doing a quick search for "scrolls" in trademarks, makes it evident that Zenimax has trademarked The Elder Scrolls, and not the sole word "Scrolls" (Mojang actually holds that trademark), and therefore this lawsuit should be over before it begins. Going by their logic, they should sue every game with "The" and "Elder".

[urbex]

As if suing the people that gave them their second most successful series wasn't bad enough. At least it's more negative publicity for Bethesda. Edited August 7, 2011 by urbex

[looloolooigotsomeapples]

I forgot about that. They aren't doing well at all with that lawsuit either I believe, and this one is even more baseless and silly than that one.

[kevkiev]

Gotta remember that a trademark holder has, essentially, a duty to actively protect their intellectual property at risk of losing their rights to it. That's why the "big guys" are often suing the "little guys" even though it appears somewhat irrational, and even petty, on the surface. It's just in case they're called upon someday to show that they actively protect their rights. Can be seen as unfair, especially since you end up with a lawsuit starting anytime anyone even comes marginally close to infringement but that's just the way it is. (Still, the demand for a pile of money up front seems way harsh.)

[looloolooigotsomeapples]

Regardless of the silly legal ridiculousness that may or may not make this sort of crap a necessity, beyond bribing, how would they actually be able to win this case? It just seems like a lost cause and it would be mindnumbingly frustrating if this thing went through and Zenimax/Bethesda succeed.

[CamonnaTong]

Actually the picture of the game menus and interface among others resemble all TES games. Look it up. Plus Bethesda and Zenimax isn't responding because they are at Quakecon. They have been at Quakecon even before the letter was sent. Go to Gameinformer and read the same post the in-game picture resembles TES greatly. Edited August 7, 2011 by Camonna Tong