Court Shoots Down Bethesda's Scrolls Request

[WeAreStevo]

I'm glad they shot it down. It's kind of scary that people could copyright non-specific words such as "scrolls"

I'd understand if it was a word like "Jedi", "Batman" or "Zelda" because those are very specific. But scrolls?

I feel like whoever you love or hate in this argument, you'd have to admit that justice was served.

Edit: Ok, to clarify my point: I am glad that both names can coexist because, even though similar they are mostly different.

I meant that I'm glad that words such as "Scrolls" cannot be copyrighted therefore disallowing anyone from using the word in a game title or whathaveyou.

 

[seraphy]

Maybe I'm misunderstanding this whole thing because I sort of jumped in late...

... but when will you people understand that the problem surrounding this is the broad terms which Notch's trademark of "Scrolls" covers... you know, like the fact it gives them to right to sue Bethesda for using "Scrolls" in the name of any title, even those made before the trademark.

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.

As Tim Langdell should have teached you people is that something like that would not fly in any court. If Notch would try something like that he would be laughed out of court, correctly too.

Besides when will you people understand that Mojang offered to but subtitle in their game and drop the trademark application.

So what are you doing here if not lying and slandering Mojang and Notch just because you don't like him. He hasn't talked total shit about Bethesda at any point, he just told people that Bethesda sued him, and has kept people informed about it as is his right.

And you know what people in general don't like corporations who try to pully smalled companies through law, so any hate Bethesda have gotten because this is deserved and their own fault.

 

[WeAreStevo]

I'm glad they shot it down. It's kind of scary that people could copyright non-specific words such as "scrolls"

I'd understand if it was a word like "Jedi", "Batman" or "Zelda" because those are very specific. But scrolls?

I feel like whoever you love or hate in this argument, you'd have to admit that justice was served.

... I don't think you read the article... at all.

It was a victory for "Scrolls".

I don't think you understood my point....at all.

My point was that I'm glad that "Scrolls" won. Bethesda (however it's spelled) should not be allowed to copyright a word that is not extremely specific, i.e. copyrighting "scrolls."

If they copyrighted "Elder scrolls" and then Mojang wanted to make another game called "Elder Scrolls" then I'd understand. But in this case, I believe that Bethesda was wrong.

Basically I was saying whoever you support (Bethesda or Mojang) striking it down was the right thing to do.

 

[Lunar Templar]

*pokes in* this is STILL going on?! wow ... slow news week or what ....

 

[poleboy]

How money was spent on this farce again?

I see. Excuse me, I need to go punch a wall.

 

[Ragsnstitches]

What I don't get is that you have to sue to protect next time somebody infringes or comes close to your trademark...but what happens (like now) when they actually lost so far. Doesn't that make your trademark weaker? I mean, if "Scrolls" is not close to "Elder scrolls" then basically it's not that well protected, it leaves the trademark weaker anyway because you can make a lot of similar products until basically the trademark protects a very thin line, right?
Like now it is what it is but it's not the game Scrolls, then a lot things come with similar names and soon your trademark "Elder scrolls" means "a 1st or 3rd person rpg in a fantasy setting that happens in a special section of fantasy realm which includes Morrowind etc."

You'd think it would make it weaker, but the mere fact that Zenimax actively and aggressively defended their trademark keeps it strong (by preventing a case of precedence where Mojang and Scrolls is seen as "Diluting" the Elder Scrolls Trademark). If they lose, Scrolls is actually set apart from Elder Scrolls by the rulings of the court hearings.

Essentially, as long as the Legal System can distinguish the 2 (which is what happens if notch wins), then both parties can cheerily go their separate ways without consequence.

To us, the consumers, we won't be able to tell shit apart... nothing will change (though hopefully notch will be more careful when naming titles and trademarking).

On the other hand, if notch loses, the court will force a change that satisfies them (presumably a name change or rephrasing of the Scroll Trademark will suffice) which will allow both games to co-exist as they are legally distinguishable from each other.

It's hard to rap ones head around... it's a lot of arse ways logic I admit, but the law is a fickle beast that will fuck you if your not careful. On top of that, Trademarking and Copyrighting seem to be 2 of the most convoluted aspects of law as it's apparently decided on a case by case basis.

NO ONE is going to lose their rights to their games here. TES will stay with Zeni and Scrolls (or whatever it's named) will stay with Mojang. The whole purpose of this case is for Zeni to show that it's actively defending and using it's Trademark... the more the better apparently, rise to every challenge and such.

 

[geizr]

In other words, the Judge has basically said, "Nope. No ambiguity here. You guys are just being assholes."

 

[lockeslylcrit]

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

Let me tell you a little trick about captchas:
See the "word" with the really odd characters? That's the red herring. See the "ttgase" in wavy lettering? That's the real captcha. ReCaptcha is infamous for this. Whenever you see wavy lettering, that's the word you're supposed to type in. The word in non-wavy font (often with odd characters, or the word upside down, or such) is the red herring.
In that example, you can type in "ttgase ilovemansecks" and the post will go through.

 

[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?