Mojang Offered Up Scrolls Trademark, Bethsoft Said "No"

Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Mojang Offered Up Scrolls Trademark, Bethsoft Said "No"


Minecraft creator Markus "Notch" Persson claims Bethesda declined his offer to modify the Scrolls name and give up the trademark, so he's not sure exactly why his company is being sued.

Bethesda v. Mojang [http://www.escapistmagazine.com/news/view/113339-Mojang-and-Bethesda-Are-Going-to-Court] hasn't even pulled into the courthouse parking lot yet, but to much of the public the narrative is already written: big, money-sucking corporation with a bored legal department drops the lawsuit hammer on the little guy, who has to roll over and take it because it's just too damned expensive to fight for what's right. It's a solid David-and-Goliath tale for the gamer set, with the one fly in the ointment being that it might not be entirely accurate.

As Elder Scrolls [http://kotaku.com/5846111/mojang-v-bethesda-or-i-hate-it-when-mommy-and-daddy-fight] titles. Perhaps an unlikely scenario; perhaps not.

But in response to that report, Notch claimed on his blog [http://notch.tumblr.com/post/10990169550/a-short-response] that he'd already tried to soothe any such fears Bethesda might have. "We realized we should apply for the trademark 'Minecraft' to protect our brand. When doing so, we also sent in an application for 'Scrolls'," he wrote. "When Bethesda contacted us, we offered both to change the name to 'Scrolls: ' and to give up the trademark."

"They refused on both counts," he continued. "Whatever reason they have for suing us, it's not a fear of us having a trademark on the world 'Scrolls,' as we've offered to give that up."

The mystery deepens! Or maybe not. A Pabst and a fist-pound might be enough to seal the deal out on the streets but courts have somewhat more stringent requirements when it comes to determining who controls what. Mojang may very well have offered, in all sincerity, to walk away from the "Scrolls" trademark but from Bethesda's perspective, that simply may not have been good enough.


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Jandau

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Dec 19, 2008
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Ok, at this point the two sides are basically trying to one-up each other in stupidity. The gut reaction to take Mojang's side aside, the initial lawsuit by Beth actually made sense. If Mojang had its way, they could pull a Langdell on anyone using the word "Scrolls", Bethesda included. Beth sued in self defence. But now that Mojang is offering to drop the trademark, it's still not enough for them.

Bethesda, you protected your trademark. Let the guy name his game Scrolls...
 

Itsthefuzz

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Apr 1, 2010
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Whys THE MAN always gotta be hating on the little guy? Especially an innovative little guy.
 

Lilani

Sometimes known as CaitieLou
May 27, 2009
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My, this is becoming a regular "he says, she says" situation, huh?

Though I never quite got why Bethesda went after Notch in the first place. I mean really, is all of the bad press and really worth having free-reign over the word "Scrolls" in their game titles? Do they really think Notch is that much of a threat? Last I checked, people call it the "Elder Scrolls" series, not the "Scrolls" series. And it's not like he's directly copy/pasting their gameplay and scenarios.
 

lacktheknack

Je suis joined jewels.
Jan 19, 2009
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But but but but but but but but bu- bu- but - WHAT?

I don't understand this world anymore!
 

DasDestroyer

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Apr 3, 2010
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My initial reaction to Bethesda suing Mojang was: "Wow, with asses like these it's a wonder Blizzard didn't sue Mojang over using -craft, since you do in fact Mine minerals in Warcraft and Starcraft"

My reaction when I learned that Bethesda have to defend their trademark otherwise people will start cashing in by making "The Older Scrolls: Sorrowmind": "Okay, I guess they don't really have any choice. I still want to know how this'll be resolved."

My reaction now: "Dear Bethesda, what the fuck?"

Edit: I haven't extensively played any Elder Scrolls game, but I have enjoyed FO3 and NV(shut up, it counts), but I am honestly tempted to not buy Skyrim, despite having planned to.
 

Yopaz

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Jun 3, 2009
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I agree with all the posts said before me. A small company makes a game where the name of it is a fairly common word in plural. A big company claims trademark infringement because a long running series they have had great success with features the same word.

The smaller company first attacks this with humour and tries to settle this outside court which would be good publicity for both companies. The big company refuses to address the proposal.

The smaller company decides to roll over and give in to the big company. The big company refuses to take the deal and will proceed to court...

This is low...
 

DRTJR

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Aug 7, 2009
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I think the reason is market confusion with a similarly titled game on the same day.
 

Argtee

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Oct 31, 2009
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Itsthefuzz said:
Whys THE MAN always gotta be hating on the little guy? Especially an innovative little guy.
Notch? Little?

HAH!

Joking aside, this really sucks. Hopefully it'll end with Mojang winning.
 

Dr_Horrible

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Oct 24, 2010
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Ser Imp said:
Who is Bethsoft and why do they care about the Scrolls trademark?
short for Bethesda Softworks

OT: Wow, just... wow. I already had some inkling of this, but this is just insane. Mojang tried to be peaceful about this from the beginning, and the lawyers are acting like a bunch of goddamned deathclaws (why yes, I did in fact just ragequit NV for a bit because of deathclaws).

EDIT:
Woodsey said:
One is a trading card game, the other is an open-world RPG that is hardly ever referenced by its "Elder Scrolls" prefix. Its a fucking noun, how can that infringe on anything? If they were obviously aping shit from the actual game and they called it Scrolls, then fair enough.
to be frank, this

There's also the fact that anyone who could be fooled by something called scrolls would probably never come across it, since it's a downloadable-only game, probably not even available on steam.
 

Woodsey

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Aug 9, 2009
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One is a trading card game, the other is an open-world RPG that is hardly ever referenced by its "Elder Scrolls" prefix. Its a fucking noun, how can that infringe on anything? If they were obviously aping shit from the actual game and they called it Scrolls, then fair enough.
 

Grospoliner

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Feb 16, 2010
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Jandau said:
Ok, at this point the two sides are basically trying to one-up each other in stupidity. The gut reaction to take Mojang's side aside, the initial lawsuit by Beth actually made sense. If Mojang had its way, they could pull a Langdell on anyone using the word "Scrolls", Bethesda included. Beth sued in self defence. But now that Mojang is offering to drop the trademark, it's still not enough for them.

Bethesda, you protected your trademark. Let the guy name his game Scrolls...
Trademark infringement does not work that way. Good Night!

The only time when someone can sue for trademark is when the trademarks elements contains are directly copied from that someone's source in such a manner that it creates confusion. In no way will "Scrolls" permit Mojang any power over future Elder Scroll releases. The lawsuit is proving to be frivolous. With any luck the judge will throw this out.

Examples of Trademark Infringement:




 

Lucyfer86

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Jun 30, 2011
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Ah well people in Bethesda are clearly bunch of wankers, no wonder i hate every game they make.
 

Abedeus

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Sep 14, 2008
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We don't want your money.

We are going to beat the living shit out of you.
 

Kirtap

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Apr 25, 2011
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i hope bethesda/soft decides to realise that they should let Mojang name their game Scrolls since, i think someone else on this thread said something alike, it's like if Blizzard would sew Mojang for using the word "Craft" in their game Minecraft.