Bethesda Softworks sues Mojang for the use of the word, "Scrolls"

• Misaka wrote on 2011-08-08 05:47
  Quote from Notch's Tumblr :
  
  

  Quote from Notch:

  A lot of people want more details about what is going on, so here is everything I know:
  
  First of all, I love Bethesda. I assume this nonsense is partly just their lawyers being lawyers, and a result of trademark law being the way it is.
  
  About half a year ago, our lawyers recommended us to register “Minecraft” as a trademark, so we did. I had voted against it initially, but we did it anyway. Better safe than sorry, and all that. At the same time, we also applied for “Scrolls”, the new game we’re working on. We knew of no similarly named games, and we had even googled it to make sure. I’m not even sure if you CAN trademark individual words, like “Scrolls”, but we sent in the application anyway.
  
  (Disclosure: We’ve enforced the trademark for Minecraft once, when there was a minecraft clone on iOS, using our name. People were emailing me saying our iOS version was buggy and bad, so we asked them to change the name of their game, and they did.)
  
  A while later, out of the blue, we got contacted by Bethesda’s lawyers. They wanted to know more about the “Scrolls” trademark we were applying for, and claimed it conflicted with their existing trademark “The Elder Scrolls”. I agree that the word “Scrolls” is part of that trademark, but as a gamer, I have never ever considered that series of (very good) role playing games to be about scrolls in any way, nor was that ever the focal point of neither their marketing nor the public image.
  The implication that you could own the right to all individual words within a trademark is also a bit scary. We looked things up and realized they didn’t have much of a case, but we still took it seriously. Nothing about Scrolls is meant to in any way derive from or allude to their games. We suggested a compromise where we’d agree to never put any words in front of “Scrolls”, and instead call sequels and other things something along the lines of “Scrolls - The Banana Expansion”. I’m not sure if they ever got back to us with a reply to this.
  
  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.
  
  I assume this is all some more or less automated response to us applying for the trademark. I sincerely hope Bethesda isn’t pulling a Tim Langdell.

  
  
  Quote taken from a quote of the first page of the legal documents translated in sweden, quoted from Fallout Modding site, New Vegas Nexus :
  
  

  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)

  
  
  Also, please understand that Bethesda Softworks =/= Bethesda Game Studios. Bethesda Softworks publishes the games, as Bethesda Game Studios creates and works on them.
• Bakuryu wrote on 2011-08-08 05:54
  heh, I read about this the other day, though I didn't see the translated letter, they went full on idiotic mode on this one. I doubt they'll win over such stupid crap ._.
• Misaka wrote on 2011-08-08 05:59

  Quote from Bakuryu;543674:

  heh, I read about this the other day, though I didn't see the translated letter, they went full on idiotic mode on this one. I doubt they'll win over such stupid crap ._.

  
  
  Thought the same thing. I mean, what the hell? I can understand why they're doing it and where they're coming from with it, but seriously? Nobody is going to mistake the two games just because of the use of the word "Scrolls". That's like confusing two games that have the word, "Adventure" in them. They went full retard on this.
• EndlessDreams wrote on 2011-08-08 05:59
  They are just out to make a little money... at the expense of another company...
• Excalibuurr wrote on 2011-08-08 06:02
  I thank you for reminding me that Bethesda Softworks is not Bethesda Game Studio. This is a douche move on Bethesda Softwork's side, I don't really see the problem that another game has the word "Scrolls" in it. The reputation of Bethesda Softworks may be at [S]steak[/S] stake here. I don't want to see a great publishing company fall like that. Bad choices.
  "Tim Langdell" Lawl
• sleepycoon wrote on 2011-08-08 06:11
  well if you think about it they have a point. if you have never heard of them look up a film company called asylum. they make B-rate movies and release them at the same time as blockbuster movies of a similar title come out. a lot of people who aren't too keen on the whole thing get the wrong one. some movies they have made include transmorphers, battle of LA, war of the worlds 2, 2012 ice age, 3 musketeers, and others. so if your relative that isn't knowledgeable about PC games who's looking for a game for your bday sees a scrolls and remembers you saying something about the elder scrolls they can easily get it mixed up and then bethesda doesn't get money because they had a similar title. like i said up there there's a whole company who does this exact thing for their primary profit.
• Arsik wrote on 2011-08-08 06:19

  Quote from sleepycoon;543718:

  well if you think about it they have a point. if you have never heard of them look up a film company called asylum. they make B-rate movies and release them at the same time as blockbuster movies of a similar title come out. a lot of people who aren't too keen on the whole thing get the wrong one. some movies they have made include transmorphers, battle of LA, war of the worlds 2, 2012 ice age, 3 musketeers, and others. so if your relative that isn't knowledgeable about PC games who's looking for a game for your bday sees a scrolls and remembers you saying something about the elder scrolls they can easily get it mixed up and then bethesda doesn't get money because they had a similar title. like i said up there there's a whole company who does this exact thing for their primary profit.

  
  
  I didn't know releasing movies straight to the SyFy channel is considered making a profit, since they churn out a new movie every week, while never having a good review that isn't a troll for any of them. So using that example compared to this is a little too far-fetched. Here, if it's not an automatic reply, and not just a scam (since the lawyers are asking for money upfront before being brought to court and Bethesda Softworks is not trying to settle this incident out of court to try and save themselves some money from legal fees), then Bethesda needs to have a double look at their actions, because there's no way they can get good publicity for bullying an independent game company over them using a word that some of Bethesda's games use.
• BobYoMeowMeow wrote on 2011-08-08 06:19
  the only reason the cat wants Bethesa to win is because the cat dislikes Notch as a developer.
  other than that, the cat doesnt really like either.
• Okitaru wrote on 2011-08-08 06:43
  Why is nation news always 5+ days late...
• Bakuryu wrote on 2011-08-08 06:46

  Quote from Okitaru;543821:

  Why is nation news always 5+ days late...

  
  Probably because this is not a news site? Other than Nexon/Mabi/Vindi
• Excalibuurr wrote on 2011-08-08 06:50
  It's a news archive, not a news site, it should be relabeled the [S]Newspaper.[/S] Oldspaper. *sting*
  
  /shot
• TA wrote on 2011-08-08 06:56

  Quote from Okitaru;543821:

  Why is nation news always 5+ days late...

  
  
  Because hardcore news followers like yourself don't post it immediately. :skip:
• BobYoMeowMeow wrote on 2011-08-08 06:56

  Quote from Okitaru;543821:

  Why is nation news always 5+ days late...

  
  
  because the cat doesnt care about Notch
• ashkanz wrote on 2011-08-08 07:01
  inb4 they sue any game with the world "the" "elder" and "scrolls" in it and their other titles.
• Excalibuurr wrote on 2011-08-08 07:01
  The cat hates fat people. Ah yes, it all started when Notch was in an interview video with Todd....