Minecraft Dev Wins Interim Injunction Over Scrolls Name
Minecraft developer Mojang can use the name "Scrolls" for its upcoming game... for now.
Tuesday Mojang founder Markus 'Notch' Persson decided to offer an update on the studio's battle with Bethesda via Twitter instead of his typical blog, revealing that they won an interim injunction against Bethesda over the use of the word "Scrolls."
The dispute originally began back in August when Mojang received a letter from Bethesda's attorneys saying that the Minecraft developer's use of "Scrolls" infringed upon its The Elder Scrolls trademark. Bethesda said that the use of "Scrolls" outside its own Elder Scrolls franchise would cause confusion, and that the company would sue Mojang if the upcoming game's name wasn't changed.
Naturally Persson and Mojang were ready to battle it out with the Skyrim developer, and even offered to duke it out in a game of Quake 3 Arena. "When Bethesda contacted us, we offered both to change the name to “Scrolls: <some subtitle>” and to give up the trademark," Persson said a few weeks ago on his blog. "They refused on both counts. Whatever reason they have for suing us, it’s not a fear of us having a trademark on the word “Scrolls”, as we’ve offered to give that up."
But now that Mojang has won an interim injunction, there's a question as to what will happen next. Bethesda and parent company Zenimax will likely not give up, as both parties are out to protect their product. The injunction is even surprising given that the U.S. Patent and Trademark Office saw that Mojang's use of "Scrolls" would be confusing, and thus rejected the studio's U.S. trademark application.
As reported by Kotaku, Mojang is just a small portion of the overall picture. Zenimax is responding to potential trademark infringement, and if it doesn't do so now even if Mojang's actions were not intentional, then it may have a problem fighting against future game developers or other entertainment suppliers stealing the Scrolls term on purpose.
"Failing to protect a trademark could be damaging to an owner's rights," said Angela Bozzuti, an associate specializing in trademark law at Davis & Gilbert LLP in New York City. "Not only could it result in actual consumer confusion, but it could also weaken the strength of the mark in the marketplace. Furthermore, once there is widespread third party use of the term 'Scrolls' as or within a longer game title, it will likely weaken Zenimax's mark and make protection difficult and limited."
Still, the battle seems won for Mojang for now. "I am very happy," Persson admits. "We never meant to infringe on anything Bethesda does, and this means we didn't. I love those guys!"
Sorry Notch, but there's a good chance they're not liking you right now.
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11.11.11.
and also Bethesda can s**k it!
i think people will call the game skyrim more than any other long ass name with the word scrolls in it.
Also, nintendo will sue any game with the word "Super" in it if the injunction is lifted.
I really like Bethesda's games and will end up sinking allot of hours into Skyrim, but suing over "Scrolls" is just nit-picking. I'm glad Mojang are winning thus far . .
afaik, only the most die hard call it simply by 'scrolls'
which pretty much accounts for the people who WON'T be confused
Has anyone noticed how this site is becoming more and more about law issues?
Really...really Bethesda?
You do not own the word "scrolls".
"Move along, move along."
You know, if there was any case where gamers should have stepped up and made their voices known it should be on this. We should not only have made it known that we are not confused by the Elder Scrolls series and Notch's game called Scrolls.
I also think we should have expressed to Bethesda how unpopular this is amongst it's consumer base (gamers). It's a shame that all other groups of people who share something in common can protest, and help make changes even women in the middle east who risk being severely punished
by lashing, beatings, imprisonment, or even death. Under those extreme conditions they still stand up, yet the majority of us gamers remain silent when our possible punishment is what? A self imposed action of missing out on a single title?
If Notch's scrolls sells for $20, I will buy it three times instead of buying Skyrim once. Notch's game doesn't even intrest me at this point, but I would rather give my money to him than Bethesda at this point despite my desire to play Skyrim. Maybe I will go out and finally buy a 360 and buy the game second hand when it comes out.
This way I can get the game legally and not give Bethesda a penny.
There is way too much litigation happening. People should just get on with the business of making games and letting the games speak for themselves.
Why can't all matters be solved with Quake 3? It just...makes more sense to me.
Stop right there, criminal scum!
Bethesda have a legal right to defend their trademark if they feel it necessary. If you're a fan of Mojang, are you honestly suggesting that Bethesda are denied this right?
There is something here that doesn't fit. Mojang claim that they offered to change the name of the game. This would have dropped this thing dead, so why didn't they follow through and actually change it?
We're not getting the full facts here, and making hasty judgements based on only one view (Mojang's) of the whole is ridiculous, both in this case and in life in general.
They should've gone with the Quake match.
Cheers!
I'm really sorry, but I think this is a rare case where Bethesda had a point. Any time someone said 'Scrolls' I thought they were just people referring to Elder Scrolls in short-hand. I have never played Elder Scrolls, nor do I plan to. But I would never have even looked at this game because I immediately assumed it was 'another Elders Scrolls game.
I also thought Minecraft had something to do with Blizzard, because they have a tendency to add '-craft' to the suffix of their Strategy games... Star-Craft, War-Craft, Mine-Craft...
IMHO, the creator of the Minecraft/Scrolls games is strategically using recognizable pieces of other people's IP in a confusing way.
I don't get why this trademark stuff don't apply to movie titles.
I am not really familiar with kid movies. I saw "Puss in Boots" at the redbox the other day and decided to rent it thinking it was a spinoff thing from Shrek that went straight to DVD. I got screwed. It was some cheap ass knock off garbage and after the fact, I read the find print and saw "not the Antonio Banderas movie coming out in the end of November".
My point is that this is quite purposeful consumer confusion just to get my buck. Sure a buck isn't much to myself personally, but I am sure redbox and this scumbag movie studio make a good amount of money off this purposeful consumer confusion. And they do this same thing with many feature movies. I have seen this many times. This time I actually got snagged.
I don't get why this trademark stuff don't apply to movie titles.I am not really familiar with kid movies. I saw "Puss in Boots" at the redbox the other day and decided to rent it thinking it was a spinoff thing from Shrek that went straight to DVD. I got screwed. It was some cheap ass knock off garbage and after the fact, I read the find print and saw "not the Antonio Banderas movie coming out in the end of November".My point is that this is quite purposeful consumer confusion just to get my buck. Sure a buck isn't much to myself personally, but I am sure redbox and this scumbag movie studio make a good amount of money off this purposeful consumer confusion. And they do this same thing with many feature movies. I have seen this many times. This time I actually got snagged.
It does. Avatar was supposed to be the movie about the Last Airbender... But because Cameron beat them to the punch, he got rights to the Avatar name, and Avatar: The Last Airbender had to switch their name. It confused a LOT of people too... You could literally be talking about a completely different movie for a whole conversation before you realized they other person was thinking about Blue Aliens or Martial Arts...
It does. Avatar was supposed to be the movie about the Last Airbender... But because Cameron beat them to the punch, he got rights to the Avatar name, and Avatar: The Last Airbender had to switch their name. It confused a LOT of people too... You could literally be talking about a completely different movie for a whole conversation before you realized they other person was thinking about Blue Aliens or Martial Arts...
Well, William Shatner should have his ass handed to him by Dreamworks for this scam.
Really...really Bethesda?You do not own the word "scrolls"."Move along, move along."
If it was iScrolls it would be a completely different matter of course...
I'm really sorry, but I think this is a rare case where Bethesda had a point. Any time someone said 'Scrolls' I thought they were just people referring to Elder Scrolls in short-hand. I have never played Elder Scrolls, nor do I plan to. But I would never have even looked at this game because I immediately assumed it was 'another Elders Scrolls game.I also thought Minecraft had something to do with Blizzard, because they have a tendency to add '-craft' to the suffix of their Strategy games... Star-Craft, War-Craft, Mine-Craft...IMHO, the creator of the Minecraft/Scrolls games is strategically using recognizable pieces of other people's IP in a confusing way.
I guess if you have the habit of immediately appropriating a word with a companies IP, you can fall victim to this. I'm assuming when people referred to a "craft store" you also thought they meant a WoW auction house?
It seems to me customers need to wise up and really know what they are buying, rather than just shell out money because they assume that because a game/movie shares a part or even the same title it is the same series/IP.
They really don't give people credit. Thinking the word "scrolls" is going to confuse us feeble minded little people?
Has anyone noticed how this site is becoming more and more about law issues?
You're right, we need a Tom's Law site for this kind of stuff. lol
Also, I would have paid to see these two go at it in Quake. Would have been awesome to see something like this get settled with a good ole fashioned fragfest.
I don't get why this trademark stuff don't apply to movie titles.I am not really familiar with kid movies. I saw "Puss in Boots" at the redbox the other day and decided to rent it thinking it was a spinoff thing from Shrek that went straight to DVD. I got screwed. It was some cheap ass knock off garbage and after the fact, I read the find print and saw "not the Antonio Banderas movie coming out in the end of November".My point is that this is quite purposeful consumer confusion just to get my buck. Sure a buck isn't much to myself personally, but I am sure redbox and this scumbag movie studio make a good amount of money off this purposeful consumer confusion. And they do this same thing with many feature movies. I have seen this many times. This time I actually got snagged.
Puss in Boots is a very old childrens story which is most likely public domain now, so there isn't much that can be done about anybody using the name.
I've played Morrowind and Oblivion. I intend to play Skyrim. Irefer to the games by these names as does everyone I know. Using "The Elder Scrolls III/IV/V" or "TES III/IV/V" just increases the likelihood of a "Which game is that" response.
By ZeniThesda's logic no other game should use "The" or "Elder" and "Eldest". I almost hope someone comes out with a game titled "The Eldest Parchment."
I'd respect Bethesda more if they fixed their crash-laden engines instead of engaging in dick-wagging. Their brand would be worth more if their games could last more than two hours without freezing and requiring a force-quit.
(yes current drivers yes capable system yes working anti-malware no other games doing this except Fallout 3 and 3 Vegas and Oblivion... the Gamebryo engine just plain sucks on Windows)
It does. Avatar was supposed to be the movie about the Last Airbender... But because Cameron beat them to the punch, he got rights to the Avatar name, and Avatar: The Last Airbender had to switch their name. It confused a LOT of people too... You could literally be talking about a completely different movie for a whole conversation before you realized they other person was thinking about Blue Aliens or Martial Arts...
http://en.wikipedia.org/wiki/Avata [...] _Airbender
It was the name of cartoon it's based on. There was no race for trademarking the name of it, who ever told you that there was, lied you.
They really don't give people credit. Thinking the word "scrolls" is going to confuse us feeble minded little people?
Well I must admit that I agree with what this article suggest. It's not that Bethesda/Zenimax want to protect their IP, but more likely wanting to prevent Mojang from protecting their IP from some third party. Corporate sharks at their very best.
Good, good. I hope Bethesda gets a huge slap across their face for such trivial matters.
and I thought "Avatar" was going to be a movie about "Ultima IV", so dissapointed
It seems to me that a lot of people don't know what the fuck they are talking about. Including Notch. Mojang tried to trademark "Scrolls" which means they can sue any company that has the word "scrolls" in the title. Zenimax doesn't want this happen because "The Elder SCROLLS" is what they have trademarked. So they have to defend their trademark. This is what i understand.
It seems to me that a lot of people don't know what the fuck they are talking about. Including Notch. Mojang tried to trademark "Scrolls" which means they can sue any company that has the word "scrolls" in the title. Zenimax doesn't want this happen because "The Elder SCROLLS" is what they have trademarked. So they have to defend their trademark. This is what i understand.
Puss in Boots is a very old childrens story which is most likely public domain now, so there isn't much that can be done about anybody using the name.
I agree. That would have shown some class. Instead they do the sniveling lawyer thing. They lost a lot of respect in my book.
You're right, we need a Tom's Law site for this kind of stuff. lolAlso, I would have paid to see these two go at it in Quake. Would have been awesome to see something like this get settled with a good ole fashioned fragfest.
I agree. That would have shown some class. Instead they do the sniveling lawyer thing. They lost a lot of respect in my book.