You know, I really hope Bethesda wins this case; I've been hugely confused by naming trends in gaming for years - I frequently confuse "Star Wars: Battlefront" and "Battle for Middle Earth", for example, because they both contain Battle. I also tend to confuse Superman and Super Mario Brothers for a very similar reason.
On a more serious note, if gamers can cope with "Battlefront" and "Battlefield" being run side by side (and honestly, has anyone ever confused the two?) we won't mix up Scrolls and The Elder Scrolls. Hell, I sure as hell won't; thanks to their dickery, Bethesda's Elder Scrolls has been put on my "Never purchase" list.