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

[roquefort]

I was unaware that you could copyright a "WORD"...I always thought words were "PUBLIC DOMAIN" and belonged to "EVERYONE"...especially ones as old as the word "SCROLL"...society :wallbash: ... -_-' ...*climbs back under large rock*

 

Wow. A word that has been copy-written.

Trademarks.

 

They must be protected or else they be consumed by dragon fires, aka the courts.

Heh. Might as well talk to the wall as regards trademark/copyright non-equivalence, and I'll bet that at some point before this thread dies, there'll be yet another version of, "This sucks! I'm gonna copyright [or 'copy-write'] the word 'The'...", etc. etc.

 

If they'd just read the thread through first...all good fun though :tongue:

Edited August 17, 2011 by roquefort

[Dythim]

Hey, Bethesda! Let’s settle this!

I am back' date=' and I am excited.

 

Marriage has been wonderful so far, and nobody sabotaged my computer while I was gone.

 

The only negative thing going on at this moment is the Scrolls trademark lawsuit nonsense, and I think I came up with the perfect solution:

 

Remember that scene in Game of Thrones where Tyrion chose a trial by battle in the Eyrie? Well, let’s do that instead!

I challenge Bethesda to a game of Quake 3. Three of our best warriors against three of your best warriors. We select one level, you select the other, we randomize the order. 20 minute matches, highest total frag count per team across both levels wins.

 

If we win, you drop the lawsuit.

 

If you win, we will change the name of Scrolls to something you’re fine with.

 

Regardless of the outcome, we could still have a small text somewhere saying our game is not related to your game series in any way, if you wish.

 

I am serious, by the way.[/quote']

 

Humorous, but can't blame the guy for trying. Small indie team vs a large established company. Those few million(s) that Notch earned from Minecraft is nothing more then chump change to the likes of Bethesda. A company that doesn't even have the word "Scrolls" trademarked. Bethesda, you are but bullies.

[demolishun]

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!"

[dothebedn]

As much as I like Bethesda, I have to say this is a dick move.

 

They are afraid that people might confuse Skyrim with Scrolls. First off, it isn't called Elder Scrolls, it is just Scrolls. Also most people call "The Elder Scrolls V: Skyrim" just Skyrim.

 

Also, Bethesda doesn't have ownership of the word "scrolls". Sure, they have scrolls in their game name, but they are called "THE ELDER Scrolls" along with the roman numeral number and the game name.

 

They are not calling it "Scrolls: Skylands" or anything. Just Scrolls.

 

Seriously Bethesda, major dick move. Kind of makes me want to not get Skyrim now.

[drhead]

I like how Notch just challenged Bethesda to Quake 3 to settle this.

[ishmaeltheforsaken]

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!"

 

This.

 

Seriously people, calling it a "dick move" just shows that you have no clue what you're talking about.

[GabSte1989]

What a crock of cowdung...

[regi8401]

Holy crap; I was just watching G4 and they said that Notch and Bethesda are going to settle this lawsuit with a game of Quake III.

[popcorn71]

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!"

Did you even read the exert from Zenimax letter in the OP ???

They state very plainly that this is indeed about the use of the word scrolls, which you state in your first point is not copyrighted (even though were talking about a trademark dispute). This simple fact completely destroys your entire argument that this is some how Notchs fault.

 

Yes, Zenimax has every right to defend their intellectual property, but explain how said intellectual property includes a card game simply called Scrolls.

[Arthmoor]

Holy crap; I was just watching G4 and they said that Notch and Bethesda are going to settle this lawsuit with a game of Quake III.

 

Which, while epic to see, would be mainly done in fun because Bethesda isn't the one suing, and Notch isn't the one being sued. But why let facts get in the way of a good story, right?

 

Makes about as much sense as it would to say something like "Bioware sued George Lucas" when in all likelihood such an event would really be "EA sued LucasArts".