Bethesda Doesn't Enjoy Being "Forced" into Mojang Lawsuit

[Treblaine]

What the hell are you playing at?

Seriously, it'd god damn obvious that I am mad at the Trademark office FOR THAT PARTICULAR QUOTE!

Just because I then add that I am mad at Zenimax for refusing Notch's generous offer, now remember Zenimax is not suing to get Mojang to drop the trademark, they are suing them FOR EVEN USING THE WORD "SCROLLS" AT ALL!

You are being blatantly deceptive. I suggest you edit your post.

Because, Zenimax has no choice but to sue, otherwise they lose the trademark.

Secondly, Mojang did not agree to drop the trademark, they agreed to change it, which is not sufficient under trademark law.

Basically, everything that Notch has said, publically that he'd do, would not alleviate the issue. Its a situation where Zenimax MUST sue, whether they win or not, in order to protect their trademark. If they do not sue, they lose their trademark and someone, anyone, could step in and make "The Older Scrolls: Oldblivion" and it would be perfectly legal.

Nonsense, they can easily not sue. All they have to do is NOT do a shit load of paperwork filing with various courts.

They will NOT lose the trademark, if the woners of the Transformers didn't lose their trademark with this:

Then Zenimax has NOTHING to worry about, and by the way, TransMORPHERS guys did not get sued at all and Transformers rights are without question valid.

Mojang offered both, drop the trademark for just scrolls and extend it to "SCROLLS + [something else]"

That would put Mojang PERFECTLY IN LINE with the likes of:

"Dead Island" and "Dead Rising"
or
"Metal Gear Solid" and "Gears of War"

Already Mojang is in the same position as:
"COD: Black Ops" and "Black"

Number 1 there is no issue to alleviate
number 2 what notch has offered would remove any HINT of an issue

"If they do not sue, they lose their trademark "

What planet are you on? That is a ridiculous slippery slope argument, that you must stamp out EVEN THE VAGUEST SIMILARITIES otherwise people could make COMPLETE rip offs of your titles.

That is bollocks.

 

[Doom-Slayer]

-snip-

First off. Thankyou Marshall. Ive seen so many people saying they are going to boycott Skyrim and are demonizing Bethesda without knowing why this is happening. I first found out about it from the Escapist Podcast and its good to have it out in article form so people finally understand.

 

[CM156_v1legacy]

Fuck Notch. Not changing the name of a game that isn't even released is just stubborn to the point of idiocy.

I think he's trying to make a point. If so, that's stupid.

OT: Oh, Trademark law. Ahhhhhhh. Can you smell that? That's the need for reform in the Digital Age. I'm with Bethesda on this one. Notch, just change the goddamned name. Is it really, really something you want? Pick your battles, mi amigo. And no, I don't mean adding a word afterwords. I mean calling it something else. Try "Rolled Parchment". Or something else.

 

[shadowform]

So... That one guy who trademarked "Edge" had a case after all? Or am I totally missing the point here?

With regards to trademarks in America, part of holding a trademark requires that you make a good faith effort to actually maintain it. I would guess that Bethesda isn't going through with this case with the intent or even necessarily the expectation that they're going to win - they're doing it so that, in the future, nobody can point back to this and say that they didn't take action, and therefore their trademark no longer holds water.

 

[zero_traveler]

Guys, I think it would be appropriate to announce here, I'm going to be making a new game.

It will be called ELDER.


OH NOES.

 

[Tyzamar]

The Eldest Scrolls: Skyrings? Are you fucking kidding me? You can't own the rights to a word people. Scrolls: noun, A roll of parchment or paper for writing or painting on. Bethesda needs to go suck a dick.

 

[SirDenim]

What I gather from the information presented to me. (no legal background)

1. Zenimax's lawyers got pissy at Mojang for applying for the scrolls trademark.
2. Zenimax also refused the offer for Mojang to drop the claim all together.
3. Under American trademark practices, Zenimax not defending their trademark could lead to it falling apart all together
4. The trial is being held in Sweden.

My conclusion is that Zenimax's lawyers made a terrible call in even starting this case. If they would have let it go without making a scene about it then it wouldn't even be an issue. Also, I would have loved to see a quake 3 tdm to decide the case anyway.

 

[SL33TBL1ND]

Sure that's fair, but let's be honest, who the hell would confuse Elder Scrolls IV: Skyrim with Scrolls?

 

[Iscin]

People need to stop using the word copyright, this is all about trademarks.

Trademarks are a different beast from copyrights, simply because they are uber restrictive in many laws in many countries. This is not something that could ever be settled with a quake match or meeting someone halfway

 

[Arsen]

"Elder Scrolls" and "Scrolls" are two different names entirely.

I like Bethesda, but they don't own the title to an entirely different work of content. Does Konami have the right to sue other companies because of the word "gear" in the title? Gears of War, Guilty Gear, etc?

Stop suing over a single word. Reign in the lawyers.

 

[puffenstuff]

The more I read about copyright law the more I think we may want to toss the whole thing out.

 

[Levethian]

If Bethesda lets Mojang use "Scrolls" with the same trademark idea, then people WILL use "Eldest Scrolls" or "Eldarian Scrolls" or "Scrolls of the Elders" and the courts would simply say "Well this started with Mojang, and you LET HIM"

It's a damned if you do, damned if you don't.

A lot of people don't understand that 80% of the outcome of a court case is "What precedent is this going to cause?" It's a lot more complicated than "You're being a whiny ***** Bethesda!"

Completely agree.

'Scrolls' is a tricky name to find alternatives for though - Manuscripts? Parchments? Scriptures?
Skrollz? Scrouls? Scrowls? Zkrowles?

 

[LiftYourSkinnyFists]

Oh, it'll be in Sweden? Bethesda has no chance. Swedish law is very free, especially on arts and copyright. Remember that one country that refuses to believe what The Pirate Bay is doing is illegal? Yeah, that's Sweden.

Pirate bay don't distribute the products they're merely giving people the means and direction...

 

[Rooster Cogburn]

I have a family member who is a practicing trademark attorney. While I haven't explained this case to them, I'm sure they would say Zenimax Media's actions are necessary. That's what they always say. Use your trademark or lose it. Defend it or lose it. It doesn't matter if there are other examples where trademark violation cases weren't pursued. Not actively protecting your trademark is way to risky. The value of your brand recognition could be totally lost. Plenty of businesses have lost out in a big way.

And the products are not apples and oranges, even by the standards of gamers. They are both video games called Scrolls and even share a similar setting and look. As far as courts are concerned, to the average consumer (that is, nobody on this site) it might as well be a soft drink called 'Cokex' in a red and white can. It doesn't matter if some soda aficionados insist it tastes totally different.

 

[Not G. Ivingname]

Who knows a lot about Swedish laws and can say if a similar arguement will hold water there?

 

[Harn]

What is with all these replies 'Noone refers to the game as "The Elder Scrolls" '

Speaking for myself, any time I reference the series as a whole, or attempt to introduce someone to the series who has never heard of it before, I use "The Elder Scrolls", more often simply shortening it to "Elder Scrolls".

And I know for a fact that simply seeing a Bethesda game called "Skyrim" wouldn't make me want to purchase the game, without having those magical words "The Elder Scrolls" tacked on in front.

Now then, yes, The difference between TES and 'Scrolls' is obvious to 95% of the people here, who are all avid gamers, however it isn't so different to someone who is not a constant gamer.

 

[zero_traveler]

I have played both Morrowind and Oblivion, read up on (but unfortunately not played) arena and daggerfall, and I had no idea that Elder scrolls was even part of the name until someone told me so after playing Oblivion for a while.

You ask me, this is way too much effort to protect a brand name that PEOPLE DON'T EVEN USE MOST OF THE TIME.

They might Lose the Elder Scrolls title? OH NOES. Lets just go shoot the old girl then.
God Forbid we lose exclusive rights to a title (And by "Title" I mean the name, not the games themselves.) that a good amount of people don't care about.