Mojang Offered Up Scrolls Trademark, Bethsoft Said "No"

[Weaver]

I don't realistically think Mojang could ever sue Bethesda over naming their game "The Elder Scrolls" even if they have a trademark on Scrolls, because Bethesda has had a trademark on "The Elder Scrolls" since 1994.

If Mojang ever tried to sue them, and I doubt they ever would, they would just look up the trademark history and see that Bethesda has had the name trademarked for 16 years at this point and has used it frequently enough to enforce the trademark.

 

[GoddyofAus]

This is very Bully like tactics from ZeniMax. For shame.

 

[Formica Archonis]

Hey, guys? Did anyone notice who wrote the Kotaku article? It's a republish from some guy's blog [http://www.falsegravity.com/]. Ahem:

Mojang v. Bethesda, or: I Hate it When Mommy and Daddy Fight
By Russ Pitts Oct 3, 2011 3:00 PM 106,141 291

Heh.

 

[Igen]

I was thinking of buying Skyrim, wont be buying it anymore. I got Dark Souls and dont want to fund Bethesdas legal department. Notch offered to death match them for the title rights (quake 3 i believe), that would have been fucking epic, but nooo... had to be all lame and drag decent people through the mud out of fucked up motives.

Plus Bethesda games are buggy as hell, Fallout and Oblivion did terrible things to my system, havent bought any of there games since.

 

[WaruTaru]

Or maybe they thought its easier to stomp out any future games that dare to use the word "Scrolls" in their name here and now instead of waiting for another game with "scrolls" in their name to pop up.

Alternatively, they are sending a clear message: "Use the word 'scrolls' in your game and we won't hesitate to bring you to court".

 

[Dr_Horrible]

I don't realistically think Mojang could ever sue Bethesda over naming their game "The Elder Scrolls" even if they have a trademark on Scrolls, because Bethesda has had a trademark on "The Elder Scrolls" since 1994.

If Mojang ever tried to sue them, and I doubt they ever would, they would just look up the trademark history and see that Bethesda has had the name trademarked for 16 years at this point and has used it frequently enough to enforce the trademark.

The issue is not Mojang being able to sue Bethesda, it's that Bethesda would no longer (in theory) be able to protect their trademark IF scrolls infringed on their product. The problem with that is Scrolls does not infringe any trademarks. I am, however, confused as to why bethesda refused Notch giving up the name.

 

[aegix drakan_v1legacy]

0_o

...Why, Bethesda? The guy gave up the damn trademark. Why the hell are you still trying to sue?

....This isn't good publicity, man...You guys should have just settled this VIA quake 3 deathmatch.

 

[Zorg Machine]

Thanks Betheseda, you made me feel guilty for wanting to buy stuff from your evil, stupid company...not that it will matter when skyrim is released but still.

 

[Jumwa]

My, this is becoming a regular "he says, she says" situation, huh?

For that to be the case Bethesda/Zenimax might actually have to say something. As it is so far, only Notch has been wooing the court of public opinion, while the other party is keeping it strictly professional.

Until something more comes out of this than Notch milking gamer sympathy, I'm not too eager to wade in.

 

[Formica Archonis]

So because Notch claims that everyone thinks that is the truth?
As long as I don't know more than Mojang is willing to tell I don't take any sides on this.

If he's lying he's going to burn far worse for it, as he's published Zenimax's court papers and they show a blistering eagerness to use Wikipedia pages and sarcastic forum posts as evidence. If he says online that he told them X when he didn't, you can bet it's going to end up in court as evidence of bad faith negotiating and further proof he needs a legal smackdown.

 

[Beryl77]

Wait, did I get this right? The Elder Scrolls is that game from Notch isn't it?

 

[Palfreyfish]

Hey, guys? Did anyone notice who wrote the Kotaku article? It's a republish from some guy's blog [http://www.falsegravity.com/]. Ahem:

Mojang v. Bethesda, or: I Hate it When Mommy and Daddy Fight
By Russ Pitts Oct 3, 2011 3:00 PM 106,141 291

Heh.

Well this made me smile. I knew I'd seen that name somewhere before...

Nonetheless I agree with him.

 

[DocBalance]

...Are you kidding me?

 

[Arctarus'sCookie]

...But why? They already decided to drop the name from what I understand? Why go into overkill mode for something like this?

 

[The Funslinger]

Wut. Bethsoft's legaL Department must have its head up its own arse.

Either that, or in their wallets.

 

[Bluntman1138]

Why can't anyone wait until it actually get to the courts for hearing, before making an decisions. At this point it is nothing but unconfirmed Hersay.

Trademark and Copyright disputes are almost never black and white situations. And considering the "big guys bored legal team"as everyone calls it, would know that if they filed a frivilous lawsuit, then it would open them up for a lawsuit right back from Notch, in which Zenimax wouldn't be able to fight really.

Perhaps it would be best that all the arm chair lawyers just shut up, until actual court papers are avaliable for public display, and the first arguements are given.

 

[Madman123456]

I'll have to defend Zenimax here because the U.S. legal System is to blame here. Mojang could have used the "Scrolls" Trademark to fuck with "Elder Scrolls" and have Zenimax pay Money, true. Also: You have to defend your Trademarks against any "Attack" even if you know you're going to lose because otherwise future Courts will acknowledge your being rather indifferent about Claims that overlap with your Trademark.
If Zenimax wont cause a Ruckus over "Scrolls", a Judge may be inclined to give "Elder Parchments" a Pass because Zenimax wasn't all that interested back then.

If Zenimax doesn't more stubbornly for their "Elder Scrolls" and anything that sounds remotely like it, they make themselves vulnerable to real Infringements in the Future.

The U.S. legal System is rather "odd", to say the least. The Idea behind this to discourage Companies from using the Law to attack their Competitors and no one else or in other Words: they can't allow People to use a Patent and sue other People over the same thing.

So Zenimax is basically suing Mojang because if they don't, they'll have a hard time to sue other People who "really" infringe on Zenimax Trademarks.

 

[Shru1kan]

Nice one-sided article. They're going to Swedish court, so Bethesda cannot win money from them. And Notch ignored a cease and desist letter from Bethesda and is surprised there are consequences? He must have missed that life lesson when he was on vacation for the 500th time. He wanted the trademark 'Scrolls' to basically encompass the entire fucking word, and changing it from 'Scrolls' to 'Scrolls: (subtitle)' is a joke.

Bethesda is suing them so their goddamn game franchise can't be forced to rename because some fat fuck wants to own a word. Of course, the manchild can't see this, because he just wants to be the flavor of the month.

And I hate, HATE how people classify Mojang as 'indie' just because Notch says they are, when the profits from their game make real indie studios look like a college student's life savings. But no, let's rally around Notch because his MILLIONS aren't as plentiful as ZeniMax's.

 

[Hitchmeister]

I realize that Notch is everyone's darling and can do no wrong. But by filing the trademark on "Scrolls" he set up a situation where if Bethesda/Zenimax do not respond, Notch can go all Tim Langdell on them and cost them millions of dollars at the release of Skyrim. It's easy to say that Notch isn't that sort, and it sounds like he's tried to offer an olive branch, but he's done so in a very informal way that doesn't really provide the protections that Bethesda/Zenimax rightly feel they need.