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

[looloolooigotsomeapples]

It resembles a fantasy game, which it is. There's no reason that should give Zenimax or Bethesda more credibility.

[CamonnaTong]

The only Fantasy game I know that looks like that more over is Daggerfall and the others but less resemblance. And Scrolls is not a very common part of a game name. I have already seen many "uneducated" people think this is another TES like on the Iphone or something. It can be confused.

 

Also I play Minecraft so I like Mojang AB. To be honest I think it would be better for Bethesda to buy them out. Only reason I say this is to get the money they need better. And for Bethesda owned Arkane Studios and such they don't tell them what to do they just give them the money to do it. Unlike EA and Activision which does the opposite.

Edited August 7, 2011 by Camonna Tong

[looloolooigotsomeapples]

I'm neutral about both Minecraft and Mojang, I just think lawsuits and lawsuits like it shouldn't exist. My basic stance on this whole situation is this:

 

1. Anybody who actually purchases Scrolls because they thought it was TES or vice versa has to be incredibly thick, and I really doubt they would be in high enough numbers that it would significantly damage sales of either product.

2. Trademark laws should change if lawsuits like this are ever warranted. Especially when Scrolls is trademarked fair and square by Mojang and nothing about it actually infringes on TES.

3. Scrolls has an archaic feel to it, as do Fantasy games, so having it as a title or in the title isn't that remarkable. The art style is also very similar to fantasy in general, and to me, looked like a cookie cutter fantasy game. Nothing about the game itself warrants a lawsuit against it.

[ziitch]

Either Notch is playing a joke on us, or they forgot that he and Todd both sat in the same room and interviewed each other.

 

Seriously, if it's true, this could easily be stopped... Since both know each other rather well, Notch could probably reach Todd and ask him to tell the legal team over there to knock it off. And Todd probably would agree to it! Would you still try to pursue a lawsuit over a name if both the offender and the creator of the series says it's wrong?

 

..If that works, see what happens when you make friends with people from other companies instead of going for each others' necks, gaming industry? :D

[rivnat]

For me, Bethesda owns Elder Scrolls, but not the word Scrolls itself, so, they don't have any rights to sue Notch just because the use of a word.

[ub3rman123]

For me, Bethesda owns Elder Scrolls, but not the word Scrolls itself, so, they don't have any rights to sue Notch just because the use of a word.

 

However, Mojang AB did apply for trademark rights to the Scrolls name, which would put them into Bethesda's place later if someone else made a game called Scrolls.

[amycus]

I believe there is already a thread created about that here: http://www.thenexusforums.com/index.php?/topic/417399-bethesda-threatens-minecraft-creator-with-lawyers/

 

Well, might as well copy paste the translation of the first page here too just in case (note that the original language was swedish, might have done some translation errors here and there):

 

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)

Edited August 8, 2011 by amycus

[FalloutMan1701]

This is absolutely ridiculous. One can't own a single word. Besides the word "Scrolls" was a "working title" not the actuall game and that game was indev. I really think Bethesda is over reacting in this matter.

[devilpengui]

I am extremely disappointed in Bethesda now. Also, you can't own a word, you may own a title... to a certain point, but not a word. Edited August 8, 2011 by devilpengui

[Deleted1848331User]

It's not actually Bethesda sueing them. It's actually Zenimax, the owners of Bethesda. So even if Todd wanted to do something, he probably couldn't.