Court Shoots Down Bethesda's Scrolls Request

[veloper]

"the court ruled in favor of Mojang, saying that while there are similarities between The Elder Scrolls franchise and Scrolls, there are also significant differences, and the intended audience for these games are likely to be aware of these differences and, more to the point, unlikely to confuse them."

So gamers aren't total idiots in the eyes of the swedish court. A good thing this case is held in a western european country.
This was expected, but still a small relief. The rest will hopefully go just as smoothly.

Since when was Sweden western European, first of all?

Since it isn't eastern europe.

And as far as I know, Sweden is notoriously liberal (meaning "free" and "unrestricted", not the politically leaning left) even for the rest of Europe.

Little do you know, this applies to most of the western europe as a whole, compared to say, the US.

I think you're point is invalid.

Besides, Bethesda should win the case.....

I think you haven't addressed the point at all. It figures you would be rooting for Beth.

 

[Baneat]

You may want to change the news's title, cause it's a wee bit misleading.

How so?

When I read it it looked like Mojang had won the entire thing, not one part of it.

 

[spartan231490]

All this means is that the case isn't so overwhelmingly in Bathesda's favor, that Majong has no chance of winning. I still think it's very likely, if not guarenteed, that Bathesda(or zenimax) will win the case in the end. as they're right

 

[rustybroomhandle]

It is good to see the judge making an intelligent decision on the matter. I don't see myself confusing any of The Elder Scroll games with Scrolls from Mojang. A brain dead lawyer working for Zenimax however is a whole different story.

Ugh, It's been said a hundred times.
It's not the hardcore gaming crowd that is going to get confused.
It's the mothers, grandmothers and casual players that might get things crossed.

Except one is a big box title and the other is free-to-play, so even if people got them mixed up, no sales are lost for Bethesda.

But that's not even the point.

The point of this whole issue is that Notch filed a trademark on the word scrolls, and when won, mean that HE would own the trademark of that word in any "Fantasy Based Video game" and not only that, but radio, tv-shows and even t-shirts as well.

This would mean that if Bethesda let this happen, Notch can effectively demand that they change their title.

Not only that, but even if Notch and Bethesda were to say "Eh, I know you won't screw us, and you know we won't screw you. So lets ignore this.", then that would mean that other companies would use that as a legal example and thus could Trademark "The Elder Browls" Because Bethesda is okay with such things.

This is not accurate. Mojang owning the trademark "Scrolls" does not automatically empower them to sue anyone using the word in a title. That did not work for Tim Langdell and the same applies here. However, if Bethesda were to win this... it effectively means they get to prevent anyone from using the word "Scrolls" in a game title.

By setting a legal precedent, they will in fact then be owning the word "Scrolls".

 

[rustybroomhandle]

BOO! HISS! I was hoping they would knock Notch around a little bit. Fucking Sweden is the problem here. The fact that he is trying to copyright scrolls for every product on the planet is fucking ridiculous.

Need to knock you around with a silly-stick a bit too. It's common practice for trademarks to be filed to cover a bunch of different things. "The Elder Scrolls" for example has trademarks that cover its use in movies, books, sweatshirts, t-shirts, caps etc.

And a trademark is usually not just a word. It's the word as presented in the logo. Look up the RAGE trademark for reference, you'll notice that it specifies the way the 'A' must look, and provides an image of the logo.

 

[Eggsnham]

Bethesda, I love you, but seriously, somethings are just better left alone.

Anyways, let's hope this has a positive outcome for Mojang.

 

[seraphy]

All this means is that the case isn't so overwhelmingly in Bathesda's favor, that Majong has no chance of winning. I still think it's very likely, if not guarenteed, that Bathesda(or zenimax) will win the case in the end. as they're right

What this actually means is that Mojang is very likely to win here, since Bethesda needed very little evidence to get that temporary injunction.

In actual trial evidence Bethesda have to give for their lawsuit to succeed is much higher, what real changes they have for it if they didn't succeed now when they didn't need that much evidence to proof for probable trademark infringement has happened?

 

[Denamic]

This stuff is really reminding me of the 'Edge' bullshit way back.

 

[Gmans uncle]

Honestly I can not fathom what Bethesda seek to gain in this matter, they've wasted a lot of money on this stupid law suit, and even if they won (which they wont) their PR with the gaming public is DEAD, they went from being the holy bringers of Oblivion and Fallout 3 to the jerks who picked on Mojang, and have brought themselves down to the level of that edge moron.

They lose on EVERY FRONT!

 

[Robert Ewing]

I'm happy for this, For Mojang coming out on top that is.

 

[ZenoX969]

Well... everyone saw this coming.

 

[Compatriot Block]

BOO! HISS! I was hoping they would knock Notch around a little bit. Fucking Sweden is the problem here. The fact that he is trying to copyright scrolls for every product on the planet is fucking ridiculous.

Need to knock you around with a silly-stick a bit too. It's common practice for trademarks to be filed to cover a bunch of different things. "The Elder Scrolls" for example has trademarks that cover its use in movies, books, sweatshirts, t-shirts, caps etc.

And a trademark is usually not just a word. It's the word as presented in the logo. Look up the RAGE trademark for reference, you'll notice that it specifies the way the 'A' must look, and provides an image of the logo.

Actually, as far as the trademark for The Elder Scrolls goes...

Mojang's "scrolls" application is similarly scattershot, attempting to cover TV shows, radio programs, movies, education materials, clothing of all kinds, videogame consoles, toys, playing cards, puzzles, stand-alone game cabinets in addition to the videogame. The application encompasses four separate trademarks over the course of its weighty 300 words. Zenimax's "Elder Scrolls" patent application, by contrast, is a single sentence: "Pre-recorded CD's and DVD's featuring fantasy games."

Honestly I can not fathom what Bethesda seek to gain in this matter, they've wasted a lot of money on this stupid law suit, and even if they won (which they wont) their PR with the gaming public is DEAD, they went from being the holy bringers of Oblivion and Fallout 3 to the jerks who picked on Mojang, and have brought themselves down to the level of that edge moron.

They lose on EVERY FRONT!

3 pages into the thread and you haven't read even once that Bethesda HAD to defend their trademark in court?

Seriously people, it doesn't matter what common sense you think should apply here. Law is law.

 

[thiosk]

Trademark and copyright law are SO BORING. Big will always be bad, and we weep for the little guy, but the average person has no practical understanding of the laws, so everyone just posts their gut feelings creating so much drivel...

Win or lose, Zenimax protected their trademark.

How am I supposed to type the second part captcha? Seriously, tell me.

Next time, just put a space in for that word. You only need the curvy word, in that case.

 

[seraphy]

I'm just gonna stop you right there. This is why Bethesda's so concerned. Bethesda's also concerned about statements in mojang's submitted trademark that would make it illegal for any game, movie, television show, etc. (any form of visual entertainment) to have the word "Scrolls" in their title or subtitle - going so far as saying the use of the word at all, at any point, would be an infringement unless given the explicit right to do so by Mojang.

You disagree? Show me your source please.

Unfortunately, my source is on the other computer, but I can go get it for you when I get home from school

And this is why it's ridiculous that so many people defend Mojang.

Oh and as for Notch lying and all that... it's because, for example, he's made statements like "we've offered Bethesda to drop the name entirely, but they won't budge."

Not true. Or at least, if it was true, there is no official court document backing it up...... just a twitter post. Very reliable. That's lying.

I don't think you know what you are talking about.

Trademarks don't work that way, and any of that would not be enforceable in a court. Please do show me your source. And you certainly can't trademark words so that it would be illegal to use them in any sentence.

And that's not lying unless bethesda themselves have said that Mojang haven't offered anything like that. And if they have commented don't you think it is just as likely that Bethesda is lying here. If they have offered out of court to drop the name, obviously there won't be a court document.

 

[efAston]

"...the intended audience for these games are likely to be aware of these differences and, more to the point, unlikely to confuse them" - especially because of the court case.

Saying that people are going to get SKYRIM (huge writing) Elder Scrolls V (tiny writing) mixed up with SCROLLS (...that's it) is like saying people are going to think Hunted: The Demon Forge is an adaptation of the film Hunted (2003). Zenimax does not own the English language, in fact, they hardly own anything, look at their back-catalogue, it's almost all franchise leeching. And the whole time I was playing Oblivion, I don't once remember hearing the word "scroll" or even seeing one. They've got no more rights to RPG fantasy than anyone else.

 

[xPixelatedx]

I don't play the current trend of social or facebook games. I don't get farmvil or miencraft, and I don't know anything about the people who make minecraft. I do know Bethesda and I am very excited for Skyrim; I definitely plan to buy that... But at the same time I cannot believe how many people on the net are so willing to bed over and 'take it' from big companies clearly throwing their weight around and being general asses. I am sorry, you cannot forever claim a single word and forbid everyone else from forever using this word. If that's how it works then Nintendo has a million potential legal battles to claim the word 'super'. Don't even pretend like Bethesda had some right to do that, like this would somehow damage the sales of Skyrim like they say. Who the hell calls Skyrim 'The Elder Scrolls'? It's just a sub-title now, and only one word of that was used by the Minecraft team. They did nothing wrong, and this is just a case of a big developer trying to bulldoze a smaller one.

People who are angry at Bethesda; don't boycott Skyrim. Play it if you really want, then turn it in to a used games store. Companies HATE that, and you still get to play the game! It's win-win!

 

[seraphy]

Bethesda is not trying to copyright "Scrolls", Mojang is.

Nevertheless, I won't argue that point because I agree with your broader point - the copyright of "Scrolls" at all is ridiculous.

The reason why I so vehemently defend Bethesda is two fold: The ignorant masses who don't ACTUALLY know a damn thing about the case, and because if Mojang's copyright is allowed to go through, Bethesda will not be allowed to make "The Elder Scrolls" anymore - they can't even continue to sell previously made games; a clause in the copyright statement says that any previous games with the word in it has to be pulled from sale.

You have to be kidding here, show me that clause please or I assume you are lying.

And even if Scrolls would be allowed for Mojang as a trademark, it wouldn't affect earlier trademarks in any way, so yes Bethesda would still be allowed to sell Elder Scrolls and they wouldn't have to pull their earlier games, nor would it stop them from making them.

Edit.Because I am helpful I decided to find you the trademark application.

http://tdr.uspto.gov/jsp/DocumentViewPage.jsp?85323305/APP20110520090819/Application/2/17-May-2011/sn/false#p=1

I didn't find clause you descriped anywhere.

 

[Hybridwolf]

All's well that ends well. Bethesda defends their trademark, and Notch gets to have the name. I still think the fault lies with Notch, but that's just me. I just hope it bloody well ends now, before Notch's head get's any bigger...

Also really escapist? I've seen some bad titles, but this one is dire. It's condridicted by the first paragrapgh, and it's hardly shot down, as an appeal is still present. very baffeling...

 

[-Dragmire-]

Ah people already delighted at this kind of amuses me considering that Zenimax more or less had to sue for copyright laws reasons or it could lose the copyright. Just because people and companies do this doesn't mean that they always want to do it.

Do you know if they try to defend it(as they are) and lose, will they lose the trademark rights?

Seems like if they lost it would be harder to defend it if they needed to again.

Also really escapist? I've seen some bad titles, but this one is dire. It's condridicted by the first paragrapgh, and it's hardly shot down, as an appeal is still present. very baffeling...

It's just for generating traffic(ad revenue and all that stuff to keep the site up and people paid), at least the article itself is not misleading.

 

[Shamanic Rhythm]

And I agree with you that Notch is acting like a buffoon. I CANNOT stand him. It's not just that he's happy. It's not just that he's rooting for his side of the situation. it's not just that he's making light of it all. He flat out lies, manipulates, and talks total shit about Bethesda. He should be sued for slander or something.

And your evidence for this would be what?