Well, it seems like everyone here is looking at this thing the wrong way. So I'm going to summarize what I've said elsewhere. Let's examine the issue at hand, shall we?
Notch trademarks the single word "Scrolls". "Scrolls" is a word used in Bethesda's trademark "The Elder Scrolls", so Bethesda attempts to stop Notch's trademark of the single word "Scrolls".
Let's rewind to an earlier trademark court debacle. Tim Langdell trademarks the single word "Edge" and then sues everyone who uses that word in their trademarks in the Game Industry. Tim Langdell sues EA for their trademark "Mirror's Edge", Tim Langdell sues Namco for their trademark "Soul Edge", Tim Langdell sues Cybernet for their trademark "Edge of Extinction", etc, etc...
Now let's fast forward to present day. Notch trademarks the single word "Scrolls". Logical next step, Notch sues Bethesda for their trademark "The Elder Scrolls". It doesn't matter how unlikely that is to happen, the fact remains it could happen. What we have here is Bethesda preemptively defending themselves from that ever happening. If Notch had trademarked "Scrolls: The Card Game" or "Scrolls: Any Subtitle Here", it's very likely that Bethesda would have left them alone and this whole legal mess would have never happened.
Bethesda isn't claiming they own the word "Scrolls", they're trying to stop Notch from claiming he owns the word "Scrolls". It's as simple as that. And personally, I don't think single words that are as common and generic as "Scrolls" should be allowed to be trademarked, so I'll side with Bethesda on this one.