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

[LadyMilla]

Now they're crushing little companies who use a word that has been around for centuries. The word "scrolls" has always referred to any piece of paper or parchment containing a written spell that can be read, and which can be rolled up when not in use! Bethesda has no right to claim that the word belongs to them!

 

Try to apply the same reasoning to the word 'Windows' and let's see how you'll succeed. :whistling: Why, the word 'window' and its plural have been around for ages. (But still, if you remember, the name of Windows Commander had to be changed to Total Commander because of legal threats from Microsoft.

 

 

 

[lemanrouste]

Well, D.C. Comics (Or one of those other ones, forget which one) copyrighted the word Super hero, Zenimax copyrights Scrolls, so, I'm thinking, we should copyright the words "The" "A" and "And" and see how companies stand up...

 

[popcorn71]

 

Try to apply the same reasoning to the word 'Windows' and let's see how you'll succeed. <img src='http://www.thenexusforums.com/public/style_emoticons/<#EMO_DIR#>/whistling.gif' class='bbc_emoticon' alt=':whistling:' /> Why, the word 'window' and its plural have been around for ages. (But still, if you remember, the name of Windows Commander had to be changed to Total Commander because of legal threats from Microsoft.

And that is one of the reasons Microsoft got hit with those antitrust lawsuits awhile back; they were being overly aggressive and generally being pricks with their business practices.

 

Those law suits were never really about Microsoft violating antitrust law they were about knocking Microsoft down a notch because they ticked off the wrong people.

 

Besides Microsoft specifically copyrighted windows. Bethesda copyrighted 'The Elder Scrolls' not the word scroll.

 

You don't see Microsoft suing anyone who makes a product that says 'You Win !!!' do you? And don't even get me started on Mine Sweeper.

 

In the end it doesn't matter weather it's Zenimax or Bethesda the bringing the lawsuit. It's still unethical.

Edited August 8, 2011 by popcorn71

[kgocb001]

I hope that Sweden has normal european court, not the stupid USA one. Normal court will laugh at Bethesda anytime, while the american one would debate for 2-3 years with pile of money to lawyers and it even might grant the right to Bethesda... which is the stupid, coz in the same way they can say that the word ELDER, or the word THE is copyprotected and it's the same nonsence as SCROLLS.

 

I love USA, but their court system is strange at best in some ways (and in other ways it's superior to european, like here in Poland we don't have a jury in court which is IMO bad).

[midtek]

It won't work, like EDGE games never did. Neither no comments from Zenimax or Bethesda still, I just brought my popcorn and sitting and watching for the result.

 

This is even more hilarious than the horse saddle thingy.

[amycus]

I hope that Sweden has normal european court, not the stupid USA one. Normal court will laugh at Bethesda anytime, while the american one would debate for 2-3 years with pile of money to lawyers and it even might grant the right to Bethesda... which is the stupid, coz in the same way they can say that the word ELDER, or the word THE is copyprotected and it's the same nonsence as SCROLLS.

 

I love USA, but their court system is strange at best in some ways (and in other ways it's superior to european, like here in Poland we don't have a jury in court which is IMO bad).

 

The problem isn't the word itself, they claim that the average consumer will think of the elder scrolls series if they see a name just named "scrolls". Wich is of course still dumb, because the average gamer knows the games as morrowind, oblivion or skyrim.

[Tchos]

I looked at the graphics of the Scrolls title screen, and I see no resemblance at all to any Elder Scrolls game's title, from Daggerfall to Oblivion. Nothing in common besides the non-unique word and the fact that they're fantasy games. Completely different fonts, completely different art style, completely different logo design. Those elements, even more than the words used, are major factors in a trademark case, because in general you can't trademark common words (hence the typical intentional misspellings in marketing, such as "krispy" or "qwik") unless it's part of a word-and-design package. Working as a designer, it was impressed strongly upon me the importance of exactly matching a client's font and style if I needed to reproduce one of their trademarks.

 

Someone mentioned similarity to Daggerfall, which I see even less. The design of Daggerfall, however, makes it look like it could easily be a sequel to the Ultima Underworld games.

 

Plus, Scrolls is a computer-based collectible card game like Magic: The Gathering, not even in the same genre!

[Braggadar]

Seems more like Zenimax is playing the bully then.

 

Just like Cadbury chocolate who sued an Australian chocolate manufacturer for the use of the colour Purple.

 

Courts dismissed the case and ordered Cadbury to pay the court costs. Hopefully the same will happen in this case.

[LadyMilla]

 

Besides Microsoft specifically copyrighted windows. Bethesda copyrighted 'The Elder Scrolls' not the word scroll.

 

Just to make sure that the difference is clear: you cannot copyright a trademark. You have to register it. ;)

 

 

 

 

 

 

[LadyMilla]

Those elements, even more than the words used, are major factors in a trademark case, because in general you can't trademark common words (hence the typical intentional misspellings in marketing, such as "krispy" or "qwik") unless it's part of a word-and-design package.

 

Actually, you can protect common words, such as 'window(s)' or 'apple' if they are used outside the trade where they identify a certain kind of product that is not produced uniquely by a single producer. That is, if you are selling apples (you are a fruit vendor), you cannot register the word 'apple' as a trademark. However, if you manufacture computers, and the word is used to distinguish your brand from those of the other manufacturers then you can registered the word 'Apple'. But in that case, you cannot trademark the word 'computer'. :)

 

And "The Elder Scrolls" is an ®, a registered trademark.

 

 

<script type="text/javascript">window.onbeforeunload = function() {}