Bethesda Says Mojang's Scrolls Infringes on Elder Scrolls Mark

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Andy Chalk

One Flag, One Fleet, One Cat
Nov 12, 2002
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Bethesda Says Mojang's Scrolls Infringes on Elder Scrolls Mark


Lawyers from Bethesda Softworks claim that Elder Scrolls [http://www.escapistmagazine.com/news/view/108156-Minecraft-Studio-Unveils-New-Title-Called-Scrolls] trademark.

There's not a lot of meat on this bone, but here's what we know about the situation so far. Earlier this morning, Minecraft creator Markus "Notch" Persson tweeted [http://twitter.com/#!/notch/status/99490084570660864], "Just got a letter from Bethesda's lawyers. They claim 'Scrolls' infringes on their trademark and everyone will confuse it with Skyrim."

It had the ring of an odd joke, but awhile later Notch seemed to confirm that he was indeed serious, following up with a second photo [http://twitter.com/#!/notch/status/99498963081764864] of the 15-page letter he received from the publisher as proof that he's not just pulling a bizarre prank.

Bethesda hasn't responded to our request for comment but it did tell PC Gamer [http://www.pcgamer.com/2011/08/05/bethesda-claim-mojangs-scrolls-infringes-on-skyrim-trademark/] that it has "no comment at this time." Notch hasn't said anything more on the matter either, although he did note that "At least I know what to call the floaty island dimension now!"

My hope is that this is just somebody in Bethsoft's legal department getting a little overzealous - "just lawyers being lawyers," as Notch put it. We'll keep you posted!


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Scizophrenic Llama

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Dec 5, 2007
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Aside from waiting on word from Bethesda, Notch said he'll be making a blog post about the situation when he gets home, so I'd keep an eye on that.

I find it rather silly, especially since newer Elder Scrolls games have been associated with the subtitle name, I bring up Elder Scrolls and 60% of the time I get asked, "What is that?" and have to respond with Oblivion and then they go, "Oh!"

I also doubt a card game and open world RPG will have much of a consumer clash.
 

Fensfield

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Nov 4, 2009
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If it isn't just the lawyers being lawyers then.. Bethesda is going to find itself becoming very unpopular very quickly, I fear.

I mean, it'd be weird if they really were behind this threat as a company. There's way too much dust in the air with the way Langdell was behaving for Bethesda to want in on that mess, let alone to be seen as bullying a popular independent developer.
 

CezarIgnat

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Jul 5, 2009
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I hope they clear this up. They have stupid lawyers and I don't want them to make Bethesda look like assholes...If I remember correctly their lawyers proved how stupid they were when fighting with Interplay.

EDIT: I agree with the above people too, if this isn't just lawyers they will sadly loose a lot of popularity...
 

Master Taffer

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Aug 4, 2010
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That's a tough argument to make on Bethesda's end. Had they an adjective in front that meant advanced age like "Older Scrolls" or "Advanced in Years Scrolls" then they may have an argument there.

I don't think they've contracted Langdellism but it with what facts we have, it does seem like a bogus argument.
 

weker

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May 27, 2009
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Again as I posted on CVG most people will side with notch because he is the under dog.
Many people know elder scrolls as scrolls and if Bethesda are doing I doubt it's because they want to hurt notch.
Law is the law after all.
 

No_Remainders

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Sep 11, 2009
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Pessimist said:
I hate Notch
Because hating someone for making a very successful indie game is totally justified...?

OT: Dear Bethesda,

Fuck off and die. First they pull the bullshit with Interplay claiming that the packaging of Interplay's FO and FO2 box confused people with FO3 (which was utter bullshit), now this?

Really?
 

Baresark

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Dec 19, 2010
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This is not just "lawyers being lawyers". There is no such thing. They are not acting without a go ahead from Bethesda. Notch is just looking at this as positive as possible. They would need to prove that there is confusion in a court, just like the Amazon/Apple fiasco where Apple tried suing for the phrase, "app store". They couldn't prove the confusion existed so they lost. I am quite sure the same rules would apply. They want to do this to scare him into folding. Whether he does or not is a completely different story. Should be interesting.
 

Sizzle Montyjing

Pronouns - Slam/Slammed/Slammin'
Apr 5, 2011
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To be fair, the name is really quite similar, but that may be because The Elder Scrolls is the only game with scrolls in it that i know of.

But from what i can see, this is still utterly ridiculous.
Free publicity for both games i suppose, even if Bethesda do come out looking like massive pricks.
 

Jopoho

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Nov 17, 2009
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To be fair, many people confuse our village elder (who we just call "Elder") with Bethesda's Skyrim, so it seems reasonable that people could get the products confused.

In all seriousness, it's a little saddening that somebody sent this letter, even if it is an overzealous lawyer acting on his own.
 

weker

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May 27, 2009
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Pessimist said:
It's like they're going to copyright the word "scrolls" to avoid you mixing up a detailed, good-graphic exploration-rpg with a blocky pixelated sandbox build-a-thon.
Derp.
It's mine craft their on about. it's notchs new game after mine craft called scrolls
 

UnravThreads

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Aug 10, 2009
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SirBryghtside said:
I'm doubting how real this is. Apparently one of the things it says in the letter is 'my employer invented the word Scrolls'.

wut

Also, if it is real (which it probably is), remember it's NOT Bethesda Game Studios, the devs. It's the Publishers.

BGS are still awesome, no matter what the lawyers do.
Wouldn't that be ZeniMax, then? They're the owners of Bethesda.

Pessimist said:
as for Bethesda. I think of it as "that one company" that can't make games properly. They have a world, a story, good writing. And then it doesn't work. It's all broken, glitchy, disjointed. Fallout 3 had awkward 2 foot barriers and 15 long metro trips for one quest destination ,New Vegas froze every 2 minutes for an hour straight [I wish I was kidding], and so forth and so forth.
New Vegas was Obsidian Entertainment, not Bethesda. If you buy a Bethesda-developed or published game, you expect bugs and gameplay issues. If you don't, then you're naive.