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

[Deleted1848331User]

Guys, its not over the word "Scrolls". It's over the fact they are both a fantasy game, and bear some resembalance to each other. To most of these comments, *facepalm* (no insult to anyone, just saying that almost all of you are wrong on this :P)

 

And it's not Bethesda sueing them. It's Zenimax, the ones who OWN Bethesda Softworks, through that owning Bethesda Game Studios as well. They can't do much except try to convince them to stop it.

[overload1977]

so what if i made a game in 1980 called skybin , can i sue Bethesda too ? nothing will come of this its a bit of a joke. Edited August 11, 2011 by overload1977

[evirus]

Is this even Bethesda proper? there's a lot of instances lately of copyright litigation as a form of extortion, claiming that they are affiliated with the owner and that they will go ahead with legal action unless a large sum of money is payed.

[popcorn71]

No its not really Bethesda, its Zenimax, the owner of Bethesda. You could probably still call this extortion though.

[Deleted1848331User]

so what if i made a game in 1980 called skybin , can i sue Bethesda too ? nothing will come of this its a bit of a joke.

 

Unless you made a fantasy game like they are (open world, thousands of questing possiblilties [Radiant AI], etc...) no. It's not over the word.

[edriano]

I have only 1 (one) word for Bethesda

 

" L A M E "

http://www.thenexusforums.com/public/style_emoticons/dark/facepalm.gif

[popcorn71]

Guys, its not over the word "Scrolls". It's over the fact they are both a fantasy game, and bear some resembalance to each other. To most of these comments, *facepalm* (no insult to anyone, just saying that almost all of you are wrong on this

 

>- snipy -<

 

ZeniMaxs letter disagrees with you.

>- snipy -<

 

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...

It doesn't say anything about them having the same content, game elements, similar look, or anything unless you count 'shows serious visual, phonetic and conceptual similarities' which is basically 'we really need to think of a better reason to sue you'. It just rambles on about people confusing the two games.

 

Also notice that they start out with 'It has come to my mandator's knowledge'. Some one at ZeniMax told their legal team to do this. The lawyers didn't just up and decide to do it on their own.

 

so what if i made a game in 1980 called skybin , can i sue Bethesda too ? nothing will come of this its a bit of a joke.

Unless you made a fantasy game like they are (open world, thousands of questing possiblilties [Radiant AI], etc...) no. It's not over the word.

 

I really don't thing an indie game company has the kind or man power to put together anything remotely the scale of skyrim. Open world game require a huge amount of resources to make and something like radiant AI is probably a nightmare to code. Keep in mind how long it takes them to come out with new Elder Scrolls games and how many people they have working on those games.

 

Just look at the OBSE and OBGE projects. they have been at it for years and they only have small parts of the engine decoded.

 

You can't just through together some code and graphics in a few weeks or even a few months and have it look or feel anything like an Elder Scrolls game.

Edited August 11, 2011 by popcorn71

[dukeearl]

as some one is joking that next they sues every gamemaker that uses word "the" in a name on their game.

[roquefort]

as some one is joking that next they sues every gamemaker that uses word "the" in a name on their game.

I refer the honourable gentleman to post #164 passim.

 

"It doesn't say anything about them having the same content, game elements, similar look, or anything unless you count 'shows serious visual, phonetic and conceptual similarities'..."

 

Two different ways of saying the same thing, so I don't understand the confusion.

 

It really isn't over the word Scrolls. If the proposed new game was a football game, or a car-race game (for example) then there wouldn't be an issue -- TES legal team would have no traction with that even if they thought to try it on. So it is ultimately about possible confusion between the two.

 

I'm not saying I agree or disagree with who's doing what over this, just trying to clarify things as I see them.

:thumbsup:

[evirus]

No its not really Bethesda, its Zenimax, the owner of Bethesda. You could probably still call this extortion though.

that's not what i was referring to, what i meant was that it could be some third party claiming to have gone through the paper work in an attempt to simply extort money as a business model, riding on the premise that people will simply pay the settlement money instead of trial fees before they realize the case itself has no standing.

 

from notch's site:

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.

Edited August 11, 2011 by evirus