amycus Posted August 21, 2011 Share Posted August 21, 2011 (edited) Okay, I can see where you are coming from. I think what the company is actually taking issue with is that Scrolls could be confused with The Elder Scrolls. I don't know that trademark has to match exactly to be a violation of someone's IP. I know Microsoft did go after Lindows successfully. It is not the exact same word as Windows, but to Microsoft created confusion of brand. I still see the responsibility being on Notch to resolve this issue as they created IP that could possibly infringe. Yes, I do see Scrolls being too close to the name The Elder Scrolls. Also, the game is medieval in nature. If I were Notch I would be working very hard to smooth this over. Edit:I found this on another websiteAh yes, so you’re saying that this is a pre-emptive measure from Bethesda to avoid being sued by Mojang for using the word “Scrolls” when Bethesda releases a new “the Elder Scrolls”-game, IF that’s the case I find it completely understandable. It was found here:http://www.rockpapershotgun.com/2011/08/05/elder-scrolls-vs-notchs-scrolls/ This whole deal started when Notch applied for a trademark on "Scrolls" in the "computer games" market. So that is completely reasonable. Because if that trademark is granted then Notch could sue Bethesda for using "scrolls" in the "The Elder Scrolls" on the grounds of trademark infringement. It is self defensive measure. I think Bethesda learned something from the "Edge" guy. That is self defense. The only trouble here according to bethesdas (or zenimaxs) document is that they believe that the average consumer see a game named "scrolls", and immediately assume that the game is part of the elder scrolls series. What they seem to have missed though is:A) The names they have marketed so heavily through the years isn't "the elder scrolls", but the individual names of morrowind, Oblivion, and so on. How on earth did you miss all the questions on forums everywhere "when is oblivion 2 coming out!?" ...soon after oblivions release. Even when skyrim was announced I saw someone on youtube write "Yes!! Oblivion:skyrim has been announced!!" :facepalm: B)The font used on the words "scrolls" isn't even remotely similar to the fonts of "the elder scrolls".C) scrolls is a game that's far from an open world rpg, I'm not taking any sides yet, we still don't know what was said on the rest of the 14 pages that Notch received. And I can also agree with what someone else said before, it was a bit rude of notch to immediately post it on twitter before trying to talk to them a bit more. Claiming that any gamer would mistake notch's "scrolls" for bethesdas "the elder scrolls" is pretty much an insult to all of us. We arn't THAT stupid. Edited August 21, 2011 by amycus Link to comment Share on other sites More sharing options...
roquefort Posted August 21, 2011 Share Posted August 21, 2011 "Claiming that any gamer would mistake notch's "scrolls" for bethesdas "the elder scrolls" is pretty much an insult to all of us. We arn't THAT stupid. "We mightn't be, but you've already shown an example of someone who thinks Skyrim is an offshoot of Oblivion.. :thumbsup: Link to comment Share on other sites More sharing options...
amycus Posted August 21, 2011 Share Posted August 21, 2011 (edited) "Claiming that any gamer would mistake notch's "scrolls" for bethesdas "the elder scrolls" is pretty much an insult to all of us. We arn't THAT stupid. "We mightn't be, but you've already shown an example of someone who thinks Skyrim is an offshoot of Oblivion.. :thumbsup: Oh, d*rn it! I dissapproved myself :facepalm: ...I need some cookies now. See you later *runs away and hides* Edited August 21, 2011 by amycus Link to comment Share on other sites More sharing options...
sendo75 Posted August 21, 2011 Share Posted August 21, 2011 (edited) I just saw a celebrity interview that mentions he is looking forward to Skyrim and Oblivion end of the year. It can be confusing in this case since the individual titles have more than one commonly used name while the series is commonly known as a different name. But the case of "Scrolls" and not commonly used "Elder Scrolls" has yet to confuse to such a extent. It might have very little grounds but it is not serious enough for a preemptive lawsuit. However the spotlight on this matter does help gamers to make the distinction, or use for future jokes. Or serve as free marketing for both games. Edited August 21, 2011 by sendo75 Link to comment Share on other sites More sharing options...
JadeMargery Posted August 22, 2011 Share Posted August 22, 2011 I'm not taking any sides yet, we still don't know what was said on the rest of the 14 pages that Notch received. And I can also agree with what someone else said before, it was a bit rude of notch to immediately post it on twitter before trying to talk to them a bit more. Claiming that any gamer would mistake notch's "scrolls" for bethesdas "the elder scrolls" is pretty much an insult to all of us. We arn't THAT stupid. On the other hand, Notch did say that his people -had- contacted Bethesda/Zenimax and asked if it would be okay to use Scrolls so long as they didn't put anything in front of it, and he received no reply until this fifteen-page ultimatum. So Notch tried to start a dialogue and it got ignored, it's not like his immediate response was 'TO THE INTERNETZ!' Also, he only said things on his blog and his twitter, right? I mean, people blog and twitter about what they eat for lunch. I would certainly mention getting sued in my social media. It's not like he called the media and tried to make a big stink about it. His fans and the newsblogs have just taken it and run, but he didn't have any control of that. Link to comment Share on other sites More sharing options...
Arthmoor Posted August 23, 2011 Share Posted August 23, 2011 This whole deal started when Notch applied for a trademark on "Scrolls" in the "computer games" market. So that is completely reasonable. Because if that trademark is granted then Notch could sue Bethesda for using "scrolls" in the "The Elder Scrolls" on the grounds of trademark infringement. It is self defensive measure. I think Bethesda learned something from the "Edge" guy. That is self defense.Could very well be. People playing lawyer-ball don't usually bother to tell those of us watching from the stands what's going on. Link to comment Share on other sites More sharing options...
Akallabeth Posted August 23, 2011 Share Posted August 23, 2011 It is not going to go anywhere, Bethesda Softworks is not going to win, their case is very weak. Still, it stirs up some media attention for both games and as they say, there is no such thing as bad publicity. Link to comment Share on other sites More sharing options...
Arthmoor Posted August 23, 2011 Share Posted August 23, 2011 Trademark law is not that concrete. They could win, after all, Microsoft won against Lindows when the logo wasn't even close. I guarantee you this isn't about JUST the word alone. Link to comment Share on other sites More sharing options...
Ghogiel Posted August 23, 2011 Share Posted August 23, 2011 Trademark law is not that concrete. They could win, after all, Microsoft won against Lindows when the logo wasn't even close. I guarantee you this isn't about JUST the word alone. M$ paid Lindows 20mil for the trademark. And Lindows went about it's merry way trading under a new name. Link to comment Share on other sites More sharing options...
Arthmoor Posted August 23, 2011 Share Posted August 23, 2011 In other words, they won. Had Lindows not settled, it would have gone to court and dragged on for years. Link to comment Share on other sites More sharing options...
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