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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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33. Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Aug 21, 2011, 03:13 Jerykk
 
Why haven't they? Because it'd be foolish? Two trademarks having a word in common is not a valid complaint to make. But that's not the case here. The trademark that Notch is trying to apply for would be wholely contained in Zenimax's. Again, go trademark "Crazy Apple", the computer company. You might even get a full week in before Apple sued you.

I'm sure Apple would sue. Whether or not they'd win is another matter entirely. If Crazy Apple's logo and font looked very similar to Apple's and their products looked like Apple's products and used lower-case "i" in their names, Apple would probably win. But if Crazy Apple was dedicated to creating high-end gaming PCs with red paintjobs and neon LEDS, Apple would probably lose.

You only have trademark disputes when you have similar products. That's why, for example, Wizard's of the Coast has trademarked so many versions of Dungeons and Dragons (one for t-shirts, one for posters, one for the actual manuals, etc).

I'm pretty sure that "Scrolls" a computer game, and "Elder Scrolls" a computer game are considered similar products.

I think you need to re-read the description for that Dungeons trademark. It includes computer game programs. I'm pretty sure The Elder Scrolls games qualify as computer game programs. That aside, The Elder Scrolls is a highly-established franchise, with 14 games released since 1994. Nobody is going to confuse Skyrim with some low-budget indie game called Scrolls.

I'd hope the same would happen if Notch did get Scrolls. But I'd have to see a bunch more similar judgements before I'd concede that it couldn't happen. Judges often come to differing conclusions over relatively similar cases.

True, but I find it incredibly hard to believe that any judge would decide in favor of Notch. There are just too many factors that weigh in favor of Bethesda, just like Wizards of the Coast would have a rock-solid defense if John Hubbard tried to sue them for using the word "Dungeons."
 
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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
  4. Aug 20, 13:02 Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Tavil
  5. Aug 20, 13:37  Re: Mojang to Fight Scrolls Battle in Court, if not Q3A StingingVelvet
  6. Aug 20, 13:42  Re: Mojang to Fight Scrolls Battle in Court, if not Q3A EndoSkull
  7. Aug 20, 14:03 Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Creston
  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
  12. Aug 20, 14:50    Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Tumbler
  13. Aug 20, 14:55     Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Teddy
  14. Aug 20, 15:00     Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jivaro
  15. Aug 20, 15:19      Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Tumbler
  16. Aug 20, 16:42       Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Beamer
  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
  25. Aug 21, 00:56           Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Bhruic
  28. Aug 21, 01:41            Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
  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
  40. Aug 21, 10:29             Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Beamer
  27. Aug 21, 01:00         Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Beamer
  30. Aug 21, 02:29         Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Bhruic
  41. Aug 21, 15:03          Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Creston
  42. Aug 21, 15:38           Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Mead
  46. Aug 21, 17:40            Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Creston
  44. Aug 21, 16:16           Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Cutter
  45. Aug 21, 17:37            Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Creston
  18. Aug 20, 20:32       Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Cutter
  34. Aug 21, 03:28        Re: Mojang to Fight Scrolls Battle in Court, if not Q3A eRe4s3r
  35. Aug 21, 05:07         Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
  36. Aug 21, 06:23          Re: Mojang to Fight Scrolls Battle in Court, if not Q3A eRe4s3r
  37. Aug 21, 07:07           Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
  39. Aug 21, 09:10            Re: Mojang to Fight Scrolls Battle in Court, if not Q3A eRe4s3r
  43. Aug 21, 16:00             Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Teddy
  47. Aug 21, 20:00             Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Jerykk
  51. Aug 23, 18:24              Re: Mojang to Fight Scrolls Battle in Court, if not Q3A JohnnyRotten
  11. Aug 20, 14:44  Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Prez
  20. Aug 20, 21:29 removed hyul
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  26. Aug 21, 00:59 Re: Mojang to Fight Scrolls Battle in Court, if not Q3A Bhruic
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