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Mojang to Fight Scrolls Battle in Court, if not Q3A

Ars Technica has word from Minecraft creator Markus "Notch" Persson that Mojang will indeed go to court, if necessary, to battle over Bethesda's legal action over the Scrolls name. "If were going to court, I will fight this for as long as it takes," he said. "Its a bogus claim, and [Bethesda has] several one-word-named games that share a noun with other games that precede [its] games," noting that RAGE could be viewed as a conflict with Sega's Streets of Rage. He also wryly notes his his recent quirky Q3A challenge to settle this may be ill-advised, as: "If it came to a Quake III tournament, I have a feeling we just might have to change the name," Persson told (as Bethesda owns the brand). "In retrospect, Quake III might have been a poor choice."

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37. Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Aug 21, 2011, 07:07 Jerykk
You really need to go through this thread and re-read my arguments. I addressed all the points you just made but I guess I'll do it again.

Dungeons & Dragons is a hugely profitable and well-known franchise. Some guy just trademarked the title "Dungeons" for use in computer games. I haven't seen any reports of lawsuits by Wizards of the Coast. In fact, there have been countless games with either "dragon" or "dungeon" in the title, yet WotC hasn't sued them. Lo and behold, WotC is in no danger of trademark dilution and they definitely aren't losing their trademark anytime soon. According to your logic, WotC should have sued the creators of the following games:

- Dragon Age
- A Farewell to Dragons
- Dragonshard
- Dragonsoul
- Drake of the 99 Dragons
- Deathtrap Dungeon
- Dungeons
- Dungeon Lords
- Dungeon Blitz
- Dungeon Siege
- Dungeons of Dredmor
- Dungeon Hunter
- Dungeon Fighter Online
- Dungeon Defenders
- Dungeon Keeper
- Dungeon Runners

Since those are all fantasy computer games with either "dungeon" or "dragon" in the title, that must be a whole lot of trademark dilution, amirite? No, not really. If you use a generic and common word as part of your trademark, you can reasonably expect other people to use that word as well.

Same thing applies to The Elder Scrolls. With 14 games released under that trademark since 1994, the franchise is already highly established. If Notch trademarked "Scrolls" and then tried to sue Zenimax, he would lose, just like Langdell lost when he tried to sue Namco for using "edge" in "Soul Edge." Soul Edge wasn't even an established franchise at that point either. In fact, I don't think Langdell won a single lawsuit pertaining to his trademark of "edge." If I create a trademark and then release products under it on a regular basis for over a decade, then some guy trademarks one of the words in my trademark and releases one product, who will have the stronger case in court should the latter try to sue?

This is a frivolous lawsuit, plain and simple. Now, if Notch gets the trademark and then releases a game that's extremely similar to Skyrim, Zenimax would have sufficient reason to sue and the courts would decide in their favor. But that's not what's happening here.

This comment was edited on Aug 21, 2011, 07:16.
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