Mojang and Bethesda Settle Scrolls Suit

Andy Chalk

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Nov 12, 2002
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Mojang and Bethesda Settle Scrolls Suit


Bethesda and Mojang have settled their differences over Mojang's intent to call its next game Scrolls. (Here's a hint: everybody wins!)

You may recall that in the long-ago summer of 2011, Bethesda and Minecraft studio Mojang got into a The Elder Scrolls [http://www.escapistmagazine.com/news/view/112106-Bethesda-Says-Mojangs-Scrolls-Infringes-on-Elder-Scrolls-Mark] for Bethesda's comfort and thus, in the finest sad tradition of the modern era, the lawyers were called.

The wheels started turning he wrote [http://www.escapistmagazine.com/news/view/113339-Mojang-and-Bethesda-Are-Going-to-Court]. "To answer the big question - yes Scrolls is still going to be called Scrolls. To answer the second question - we aren't going to keep the trademark. For us this was never about a trademark but being able to use Scrolls as the name of our game which we can."

The terms of the settlement award all ownership rights of the Scrolls trademark to Bethesda parent ZeniMax, which has in turn licensed the use of the name to Mojang for its upcoming game and any related add-ons. It may not use the name in a sequel, however, or in any other future game.

"We are pleased to have settled this matter with Mojang amicably," said ZeniMax Chairman and CEO Robert Altman. "The Elder Scrolls is an important brand to us, and with this settlement we were able to protect our valuable property rights while allowing Mojang to release their digital card game under the name they preferred."

Minecraft creator Markus "Notch" Persson confirmed the settlement on Twitter [https://twitter.com/#!/notch] in somewhat simpler terms. "The settlement is that we give them the trademark, get to keep the name, and won't make an Elder Scrolls competitor using the name," he wrote. "The actual document I signed was like a billion pages, so at least we know a bunch of lawyers got rich. Good, wouldn't want them to starve."

"All is right with the world," he added.



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Lancer873

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Oct 10, 2009
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Still seems a tad silly, but sure. I'd settle for that. I mean, it's not like Mojang is the sort that would release a random sequel to a Online CCG.
 

FateOrFatality

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Mar 27, 2010
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Hopefully this doesn't bring up all the Bethesda hate again. Companies need to protect their trademarks - this isn't trivial, it isn't Bethesda being stupid. If they didn't take this seriously it could screw them over big time.

Glad to see the two could reach a compromise that protected the interests of both. Now can we have that Quake deathmatch?
 

Fappy

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Jan 4, 2010
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I'm sure the ZeniMax lawyers are glad they don't have to deal with this anymore. International copyright is a pain in the ass.
 

Meight08

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Feb 16, 2011
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If bethesda had not responded and someone made a real elder scrolls copy and they sued them they could have the ip right declared weak and lose them.
Im happy this happened its a good deal actually.
 

Egitor

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Jan 28, 2010
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This makes me happy! And it makes Mojang and Zenimax happy I guess, yay for all being well in the world :)
 

Pandalisk

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Jan 25, 2009
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Aw they've ruined everything, i wanted drama in my International copyright dispute! Since when did reasonable discourse happen in a company lawsuit?! Bah!.
 

Steve the Pocket

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Mar 30, 2009
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Kwil said:
This is disappointing. It means Zenimax now has precedent for a broadened trademark including each individual word in their IP title.
Bingo. So now, by extension, EA owns the word "mirror", Valve owns the word "life", Activision owns the word "duty", Ubisoft owns the word "assassin", 2K owns the word "shock", and everyone gets to fight over who owns the word "dead".
 

Xanadu84

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I feel weird about this. Sure, Mojang is happy, and Bethesda is happy, but the ruleing just re enforces horrifying copyright laws. Bethesda now has been confirmed as having a copyright on a common English word. That is insane! Now be clear on this, Bethesda has always been acting as a rational, reasonable individual given the reality of the law as its written. I assign no blame to them. But the fact that the ruling here was not a paraphrase of, "Scrolls stays scrolls, no one can copyright a word, and Bethesda, dude, don't worry, you don't have act like a crazy paranoid person to protect your Ip. If someone ripped you off and they pointed to a Notches game as an example of not protecting your copyright, we will call them stupid right to their stupid faces" is clear proof that copyright laws are dumb.

In short, the villain here, and the villain all along, is the law being nonsense. Mojang and Bethesda have always been fine.
 

Formica Archonis

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Nov 13, 2009
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Steve the Pocket said:
Kwil said:
This is disappointing. It means Zenimax now has precedent for a broadened trademark including each individual word in their IP title.
Bingo. So now, by extension, EA owns the word "mirror", Valve owns the word "life", Activision owns the word "duty", Ubisoft owns the word "assassin", 2K owns the word "shock", and everyone gets to fight over who owns the word "dead".
Well, the money EA makes off "Mirror" will be able to be given directly to Tim Langdell due to "Edge", so it all balances out.

And this is why everyone should be scared. Anything that strengthens patent and trademark trolls is a PROBLEM. The value isn't in content creation anymore, it's in hoarding and suing. The foundations of artistic expression are under attack from the very systems meant to encourage them, and it seems like no one is noticing.
 

KILGAZOR

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Dec 27, 2010
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So wait... a company gets to trademark an improper noun... and that's the HAPPY ending? It makes me sad to see that half of the people in this thread (including the OP) don't realize the larger legal implications of this case (that half been stated already by other posters in this thread, so Im not gonna waste time repeating them)
 

harvz

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Jun 20, 2010
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i think the problem here is that they successfully have the word "scrolls" trademarked, while it seems that mojang did get to keep their name (and they probably wouldnt have a sequel due to it being far more likely that theyll just update the game).

hmm, if i were to create a game called "tales", i should be expecting to hear from lucus arts
 

Realitycrash

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Dec 12, 2010
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Steve the Pocket said:
Kwil said:
This is disappointing. It means Zenimax now has precedent for a broadened trademark including each individual word in their IP title.
Bingo. So now, by extension, EA owns the word "mirror", Valve owns the word "life", Activision owns the word "duty", Ubisoft owns the word "assassin", 2K owns the word "shock", and everyone gets to fight over who owns the word "dead".
I do! And you just used it without my express permission! Pay up or face the laywers!
 

KeyMaster45

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Jun 16, 2008
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KILGAZOR said:
So wait... a company gets to trademark an improper noun... and that's the HAPPY ending? It makes me sad to see that half of the people in this thread (including the OP) don't realize the larger legal implications of this case (that half been stated already by other posters in this thread, so Im not gonna waste time repeating them)
My thoughts exactly, we just got done with one twit who had a trademark on the word "Edge" now they're giving the word "Scrolls" to ZeniMax? I call bullshit on no fewer than six levels but no more than nine.