Mojang wins (for now), Scrolls is staying Scrolls

[someonehairy-ish]

http://www.minecraftforum.net/news/274-scrolls-shall-stay-scrolls/

This is just an interim injunction, which I gather to mean that it will be revised at a later date when the final injunction arrives. This is still a victory for Mojang, even if it doesn't ensure whether the final outcome will be positive for them.

The decision seems to have come down to whether or not the use of 'Scrolls' is genuinely confusing for consumers looking to buy either Scrolls or an Elder Scrolls title.

ZeniMax's view was that the games are aimed at the general public, which "holds no particular awareness of differences particular games and titles."
Mojang's view was that gamers constitute "a well defined group which is very much aware of differences between various games and titles."

The court agreed that the relevant consumers were not the general public and did have a high awareness.

The court also found that 'scrolls' is a common title and theme to be found in fantasy settings, so it isn't a particularly distinctive word that would be likely to be confused with 'The Elder Scrolls' as a whole.

I'm personally looking forward to getting both Skyrim and the full version of Minecraft come November, whatever the eventual outcome of this lawsuit.

 

[Zhukov]

Holy shit!

Is this common sense I see...?

No, surely not. They're just trying to lull me into a false sense of security. I'm onto your tricks, you bastards!

 

[Raognerrrm]

I think that this is the best outcome for all, because:
1. Mojang gets to keep the name 'Scrolls'.
2. ZeniMax has defended its trademark, and thus eliminated their main concern.

 

[Archleone]

This is something minor, but in Mojang's favour, most people I know never say "The Elder Scrolls IV:Oblivion" or what ever number it is that they're playing at the time. They usually just say Oblivion or Morrowind.

Silly Bethesda.

 

[Zeh Don]

I think that this is the best outcome for all, because:
1. Mojang gets to keep the name 'Scrolls'.
2. ZeniMax has defended its trademark, and thus eliminated their main concern.

Bingo. ZeniMax didn't need to win, it just needed to contest it.

Anyone who thinks ZeniMax are suddenly Activision Blizzard, are making their lack of education abundantly clear.

 

[FarleShadow]

Why is 'scrolls' called that anyway?
I'm just suspect why Mojang feels the need to defend the title when it could just be called something vaguely similar and avoided the whole lawsuit deal.

 

[DasDestroyer]

Good. Bethesda get their "We still protect our trademark" stamp, Mojang get to keep the name, and everyone is happy.

 

[Vivi22]

Why is 'scrolls' called that anyway?
I'm just suspect why Mojang feels the need to defend the title when it could just be called something vaguely similar and avoided the whole lawsuit deal.

Well I'm glad they don't feel that way. Someone has to stand up to such blatantly ridiculous claims or larger companies will think they can just walk all over anyone.

 

[That One Guy Named X]

See? The system works. Sometimes.

 

[Mr Thin]

I'm not sure I like that reasoning behind their decision.

Mojang won because 'gamers are not the general public, and thus can tell the difference between the two games', but they should've won because 'the argument is frigging stupid'.

Still, a win is a win, if not an entirely certain one, so I shan't complain.

 

[JesterRaiin]

Good. This bastard habit of trying to claim a single common word as your own is really goddamn annoying.

There is a special place in Hell reserved for people that release unpatched games and try to claim common words as their own.

 

[FarleShadow]

Well I'm glad they don't feel that way. Someone has to stand up to such blatantly ridiculous claims or larger companies will think they can just walk all over anyone.

Or how a smaller company could just call their game 'Half Lives' and get instant, widespread publicity from the resultant lawsuit along with selling alot more copies of their indy game than they would have done as people 'buy it to see what the fuss was about'.

 

[minimacker]

Win-win for everyone.

Now, get back on that Skyrim.

 

[Vivi22]

Or how a smaller company could just call their game 'Half Lives' and get instant, widespread publicity from the resultant lawsuit along with selling alot more copies of their indy game than they would have done as people 'buy it to see what the fuss was about'.

Your analogy is flawed since there is a legitimate claim that Scrolls isn't going to be confused with the Elder Scrolls series, whereas your example would be a blatant case of infringement.

 

[CrawlingPastaHellion]

Heh, once again the logic is being bashed on at the court of law. Bethesda doesn't own the word "Scrolls", so it should probably GTFO. This whole process is ridiculous.

 

[Sion_Barzahd]

Why is 'scrolls' called that anyway?
I'm just suspect why Mojang feels the need to defend the title when it could just be called something vaguely similar and avoided the whole lawsuit deal.

Actually notch offered to change it or add a sub-title to it like "Scrolls: Notch's new game" apparently that didn't appease the lawyers.

 

[Use_Imagination_here]

Good. This bastard habit of trying to claim a single common word as your own is really goddamn annoying. If we did not accept it from the Edge twat then we should not from Bethesda and I really hope Notch wins.
And as for their "we have to sue, we dont have a choice in the matter" bullshit the answer to that was simple too. Could have just written a contract claiming they granted Notch permission to use the title thus it would still have been a protected trademark as he would essentially be acting as a off shoot of theirs in that instance. Well not really but it would count enough to not open them to people using the title without permission.

Are you insulting Valve?

Allright fanboys we got an other one, HUNT. HIM. DOWN.

(mods: for gods sake it's just a joke)