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More on Scrolls Legal Battle

Kotaku has more on the litigation between Bethesda Softworks and Mojang over the Scrolls name Mojang wants to use for a collectible card game, which Bethesda feel infringes on their trademark for The Elder Scrolls. They hear from Bethesda, Mojang and Bethesda's lawyers in an effort to clarify why such a matter is being taken to court, as Bethesda asserts that unless Mojang drops the use of the word Scrolls entirely, they may be in danger of losing their trademark. They also note that while this battle is headed to court in Sweden, the USPTO has already rejects Mojang's application for a U.S. trademark for Scrolls, though to prevent them from using the name, Bethesda will also have to take them to court in the U.S.

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38. Re: More on Scrolls Legal Battle Oct 8, 2011, 00:19 ^Drag0n^
 
The byline for this story, phonetically, is priceless.  
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"Never start a fight, but always finish it."
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37. Re: More on Scrolls Legal Battle Oct 7, 2011, 22:21 Mr. Tact
 
I agree with others here, while I'm not a lawyer it would seem both sides are not using common sense and it's all stupid legal shit which results in nothing but lawyers making money. It would seem the simple and smart thing to do would be for Mojang to come up with another name. What their reasoning for not doing so has not been made clear to me. Either there is a detail I'm unaware of, or they acting like four year olds -- I could believe either.  
Truth is brutal. Prepare for pain.
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36. Re: More on Scrolls Legal Battle Oct 7, 2011, 17:51 Flatline
 
Wetworks wrote on Oct 7, 2011, 08:11:
It's just cheap publicity for Scrolls at this point. As long as Notch hires a cheap lawyer and resigns himself to losing in court he can milk this for all it's worth.

Yeah... Until Bethesda asks for, and receives, an injunction preventing the game from getting released until the lawsuit is settled. And then Bethesda drags out the litigation for so long that Notch runs out of money and can't sit on the game any longer.

And he has himself to blame. He was sent a cease & desist letter. If he had simply changed the name right then or directly handed the letter over to a lawyer to begin litigation he wouldn't be getting sued right now. Instead he challenged Bethesda to a Quake 3 match. At this point he's getting sued because he blew off the C&D as much as anything else. He's demonstrated, in public, that he doesn't take the trademark seriously. Bethesda now more or less has to sue because Notch is a crap businessman.
 
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35. Re: More on Scrolls Legal Battle Oct 7, 2011, 11:42 Alamar
 
Wallshadows wrote on Oct 6, 2011, 22:55:
There are two movies called 'SPEED'. One has Sandra Bullock and the other is porn.

How can Bethesda sue for a partial name when other industries seem to be cool with it or even blatantly copying?

Does it boil down to lawyers being dicks? That makes the most sense to me...

Isn't your last line's 'logic' defeated by the previous? I would say the ratio of movie to game lawyers to be pretty significant, so if it was just that lawyers are dicks (the cop-out excuse), it wouldn't be limited to some game companies : )

-Alamar
 
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34. Re: More on Scrolls Legal Battle Oct 7, 2011, 11:08 space captain
 
Elessar wrote on Oct 7, 2011, 10:10:
Stupid, idiotic, moronic, foolish... did words like these lose their luster so much that people need to use retarded all the time now? Plenty of applicable adjectives where you don't have to potentially offend someone. Unless you're calling someone a moron directly, that is.


actually, youre right.. im ready to find something new to insult things with.. "retarded" is getting stale at this point

its roughly equivalent in offensiveness to something like "fag" or "nigger", i get that

but for the most part i dont give a shit about how hurt someones little feelings are because of some name calling.. im a sticks and stones person
 
Go forth, and kill!
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33. Re: More on Scrolls Legal Battle Oct 7, 2011, 10:49 yuastnav
 
Ozmodan wrote on Oct 7, 2011, 10:28:
You just cannot trademark a common word even if it is in the name of your game.
[...]

mag wrote on Oct 6, 2011, 22:25:
lolz trying to trademark a common single word hahahahaha

Windows is trademarked.

Yes we can.
 
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32. Re: More on Scrolls Legal Battle Oct 7, 2011, 10:28 Ozmodan
 
You just cannot trademark a common word even if it is in the name of your game.

Bethesda is going to lose, they are wasting money on lawyer fees.
 
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31. Re: More on Scrolls Legal Battle Oct 7, 2011, 10:12 Hellbinder
 
you know the the thing notch is really in danger of is waking up one morning and realizing that he has blown all his amazing profits from minecraft on foolish legal battles.

he should stop now and change the name to scrolz or skrols or something odd then he would not have a problem. and stop blowing thousands and soon to be millions of dollars on legal expenses.
 
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30. Re: More on Scrolls Legal Battle Oct 7, 2011, 10:10 Elessar
 
space captain wrote on Oct 6, 2011, 20:49:
its pretty close... seems retarded to think you can trademark one very generic word like "Scrolls"
panbient wrote on Oct 6, 2011, 20:37:
I think it's safe to say anyone who confuses Mojang for an Elder Scrolls game is functionally retarded and not likely able to install either piece of software.
Stupid, idiotic, moronic, foolish... did words like these lose their luster so much that people need to use retarded all the time now? Plenty of applicable adjectives where you don't have to potentially offend someone. Unless you're calling someone a moron directly, that is.
 
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29. Re: More on Scrolls Legal Battle Oct 7, 2011, 09:58 ^Drag0n^
 
I'd probably go with "The Turder Trolls," instead...  
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28. Re: More on Scrolls Legal Battle Oct 7, 2011, 09:46 Ludomancer
 
I'm going to start a game series called "The Eldars Crolls", see how they like that.

 
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27. Re: More on Scrolls Legal Battle Oct 7, 2011, 09:08 Xanthaz
 
They might as well sue http://www.patches-scrolls.de/ as well. They have only been around for since 1995 so it should be a no-brainer for the Bethesda Lawyers.

They could also sue whoever currently owns the Dead Sea Scrolls for infringement as well. Make them change the name to the Dead Sea Papyrus.

 
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26. Re: More on Scrolls Legal Battle Oct 7, 2011, 09:03 Lobster
 
Wetworks wrote on Oct 7, 2011, 08:11:
It's just cheap publicity for Scrolls at this point. As long as Notch hires a cheap lawyer and resigns himself to losing in court he can milk this for all it's worth.

Every time a site posts an article related to this topic it automatically generates buzz and interest for Scrolls.

Notch doesn't need that kind of buzz or publicity. He's already a superstar.
 
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25. Re: More on Scrolls Legal Battle Oct 7, 2011, 09:01 Lobster
 
Seems to me there's only one real solution for this: Notch needs to drop Scrolls entirely and work on Minecraft for the rest of his life. Or at least the rest of mine.  
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24. Re: More on Scrolls Legal Battle Oct 7, 2011, 08:28 StingingVelvet
 
Wetworks wrote on Oct 7, 2011, 08:11:
It's just cheap publicity for Scrolls at this point. As long as Notch hires a cheap lawyer and resigns himself to losing in court he can milk this for all it's worth.

Every time a site posts an article related to this topic it automatically generates buzz and interest for Scrolls.

Which will by then be called something else and benefit very little from it. I think he's just stubborn and opinionated and has the money to be.
 
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23. Re: More on Scrolls Legal Battle Oct 7, 2011, 08:11 Wetworks
 
It's just cheap publicity for Scrolls at this point. As long as Notch hires a cheap lawyer and resigns himself to losing in court he can milk this for all it's worth.

Every time a site posts an article related to this topic it automatically generates buzz and interest for Scrolls.
 
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22. Re: More on Scrolls Legal Battle Oct 7, 2011, 05:02 InBlack
 
StingingVelvet wrote on Oct 7, 2011, 04:16:
The stupid trademark system is more at fault here than either Bethesda or Mojang. Pete Hines is pretty much correct when he says Bethesda are forced to do this.

If Mojang were smart they would change the name.

QFT. The system is fucked up, how can you even trademark a common noun like "scroll", or "windows".

Now and for all time no one is allowed to use these words in their software. Fucking retarded if you ask me....
 
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21. Re: More on Scrolls Legal Battle Oct 7, 2011, 04:16 StingingVelvet
 
The stupid trademark system is more at fault here than either Bethesda or Mojang. Pete Hines is pretty much correct when he says Bethesda are forced to do this.

If Mojang were smart they would change the name.
 
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20. Re: More on Scrolls Legal Battle Oct 6, 2011, 23:40 ^Drag0n^
 
This is like Godzilla versus Mothra...no matter who wins, Tokyo is gonna get trashed.  
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19. Re: More on Scrolls Legal Battle Oct 6, 2011, 23:20 Graham
 
The porn "Speed" (assuming it exists, your knowledge of filmed erotica is clearly more encyclopedic than mine) is most likely protected as parody, and I doubt the producers applied for a trademark on the name.

Mojang, however, DID apply for a trademark on a medieval fantasy video game named "Scrolls", despite the existence of a previous, best-selling series of medieval fantasy video games named "The Elder Scrolls". It could definitely be interpreted, from an outsider's perspective, that the smaller company is attempting to trade on the success of the more prevalent series.

That is why we are where we are. Cutter has hit it on the god damned head several times in this thread and others. Notch needs to suck it up, change the name, and move on.
 
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