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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 Wired.com (as Bethesda owns the brand). "In retrospect, Quake III might have been a poor choice."

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31. Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Aug 21, 2011, 02:31 Jerykk
 
Again, that's not how it works. Zenimax is required to defend their trademark if they want to keep it. You can say it would "fail completely and utterly", but that's not accurate. If Notch could show that there was confusion because of commonalities (and both being games, he likely could), and that Zenimax had failed to defend their trademark, then yes, it's entirely possible he could get a favourable ruling.

The fact that Zenimax has owned the Elder Scrolls trademark since 2005 and consistently released products under that name is more than enough of a defense to defeat Notch in court.

You're right about Kalypso not trademarking Dungeons, though. However, Wizards of the Coast recently renewed their trademark for D&D. If they're legally required to defend their trademark if they want to keep it, why haven't they sued the publishers of Dungeon Siege, Dungeon Lords, Dungeon Blitz, Dungeon Runners, Dungeon Fantasy Online, etc? In fact, they should have already sued John Hubbard because he recently registered "Dungeons" for "Computer game cartridges; Computer game cartridges and discs; Computer game programs."

What's interesting about your claim here is that you apparently don't have any knowledge of the actual case. Go read the details. The reason he was laughed out of court is because of the absurd lengths he went through to try and prove he actually had the trademark to "Edge". He didn't. There were no rulings about whether his suit(s) would have been successful if he did have the trademark.

Which case are you talking about? Here are the results from the one he filed against Namco for using "Soul Edge" as a title: Link
 
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  1. Aug 20, 11:57 Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Pankin
  2. Aug 20, 12:03 Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Silicon Avatar
  3. Aug 20, 12:45  Re: Mojang to Fight Scrolls Battle in Court, if not Q3A fawker
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  8. Aug 20, 14:24  Re: Mojang to Fight Scrolls Battle in Court, if not Q3A JohnBirshire
  9. Aug 20, 14:27  Re: Mojang to Fight Scrolls Battle in Court, if not Q3A DDI
  10. Aug 20, 14:39   Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Cutter
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  17. Aug 20, 18:50        Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Prez
  22. Aug 20, 22:16         Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Bhruic
  19. Aug 20, 21:11        Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
  21. Aug 20, 22:15         Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Shineyguy
  23. Aug 20, 22:55          Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
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  29. Aug 21, 02:04             Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Bhruic
>> 31. Aug 21, 02:31              Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
  32. Aug 21, 02:52               Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Bhruic
  33. Aug 21, 03:13                Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
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  42. Aug 21, 15:38           Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Mead
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  47. Aug 21, 20:00             Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
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