Reposting here from other thread. MAybe it'll educate some folks.
There is a MONUMENTALLY HUGE difference between copyright and trademarking. You can totally trade mark common words. "Apple" "Colorado" "Kerosene" "Biro" "Esky" "Ping Pong" are just some off the top of my head. You cannot make something with a name similar to, or containing those items without getting a trademark letter.
Often, if the products are notably different and there is a reason for the particular usage, it's fine. My example earlier "Apples & Oranges - Fruit Store" would probably not need to change their logo. Even though Apple has absolutely no affiliation with fruit. Woolworths (The walmart of Australia) had a trademark infringement from Apple over their logo. Look at this to see how stupid it was.
Trademark letters often mean ABSOLUTELY NOTHING serious. It's just a requirement of OWNING one, that you DEFEND it. Even when it might seem silly to the common public. At the bottom of that link, it says "Less than 5% of such actions make it to court".
They happen all the time. People think it means so much more than it really does.
Wow.This is just... WOW. Seriously Bethesda? This just can't be right. It's ridiculous! Just to tick you off, I'm going to say scrolls. Twice. That was once back there by the way!
Just adding more things to show what you can trademark IF YOU HAVE A MARKETSHARE.
Paris Hilton owns "That's hot" when using it to advertise products.
Charlie Sheen owns "Duh, winning". So don't go putting that phrase into any games you design.
Donald Trump TRIED to trademark "You're fired" but lost because of a boardgame which had trademarked "You're hired". He can either buy the rights to the trademark from the company involved, or appeal.
Notch has nothing to worry about. This is a plain stupid. I don't know how this will go through.
(I love Bethesda and their games, but this is just childish.)
If I were to Google "The Elder Scrolls," then I would find The Elder Scrolls stuff. Now, if I were to Google "Scrolls," then it's highly possible I'll find a plethora of different topics, threads, game, wikis, etc. etc.
As a matter of fact, I just literally did exactly that. Guess what I found? EXACTLY WHAT I SAID WOULD HAPPEN. (Anyone who doesn't believe me can go do it themselves. I laugh at the fact I found exactly that.) Quit being all butt hurt over this Bethesda! Leave this with dignity.
Orly Bethesda? Two can play at that game! I'll write one hundred pages to cease and desist from using the letter E in your title; and then I'll sue you for it!
Reposting here from other thread. MAybe it'll educate some folks.
There is a MONUMENTALLY HUGE difference between copyright and trademarking. You can totally trade mark common words. "Apple" "Colorado" "Kerosene" "Biro" "Esky" "Ping Pong" are just some off the top of my head. You cannot make something with a name similar to, or containing those items without getting a trademark letter.
Often, if the products are notably different and there is a reason for the particular usage, it's fine. My example earlier "Apples & Oranges - Fruit Store" would probably not need to change their logo. Even though Apple has absolutely no affiliation with fruit. Woolworths (The walmart of Australia) had a trademark infringement from Apple over their logo. Look at this to see how stupid it was.
Trademark letters often mean ABSOLUTELY NOTHING serious. It's just a requirement of OWNING one, that you DEFEND it. Even when it might seem silly to the common public. At the bottom of that link, it says "Less than 5% of such actions make it to court".
They happen all the time. People think it means so much more than it really does.
That being said we can point out the features of Scrolls and compare them to the new Skyrim game and it would show both are worlds apart. Mojang and Scrolls should have no problem at all if this is taken to court (which I doubt).
Whaaaat...? That makes NO sense whatsoever! I absolutely love Oblivion, but what the heck, Bethesda? It sounds like the proposed game that they are complaining about is NOTHING like the Elder Scrolls series...how could anyone confuse the two? Also, I'm sure many, many other games also use the word 'scrolls' in the title, so why are they just picking on Mojang? Are we now going to be sued any time we use the word 'scrolls' in anything? It's just a WORD. It means a roll of paper with writing on it. It's not particularly uncommon in fantasy settings for there to be scrolls. Sheesh. This sounds like a lousy way of drumming up money, and borders on bullying. What. The. Heck. :C
I find it entertaining how many people are getting angry at Bethesda(even more entertaining for the few who thought this was a single person). Sure they probably shouldn't try to gain rights to a single word or sue someone for using it, but under some circumstances I could see the reason behind it. From a business standpoint Bethesda may be trying to make sure there is no confusion with sales(although I do not know the estimated period for release of Scrolls). Or from a "standout" attitude, Bethesda wants people to think Elder Scrolls when they hear Scrolls mentioned in the gaming world and not a game made by Mojang.
I am not against Mojang. I love Minecraft and I hope they continue to create and update awesome games. I just want people to understand that the decision made by Bethesda was (hopefully) completely professional and not personal. I do not like this situation but since this seems like a weak lawsuit it should be easily handled.
Erm... lets say i own the word hi. I SUE EVERYONE WHO SAYS HI. Seriously, this is what happens between Bethesda and Mojang. NONE OF THEESE OWNS THE WORD SCROLLS. Microsoft should sue Bethesda for using Scrolls, because theres something named A Scroll, More Scrolls. lolfail Bethesda. Mojang won. the end.
It seems as though people are posting angry responses without even attempting to educate themselves on the posts of others, including the post most recently quoted by mrbaggins. Anyone thinking of posting their anger should read it before saying thing that make them look stupid.
This is likely going to end as a sentence on the Scrolls / Mojang website that reads "Games produced by Mojang are NOT related to or affiliated with The Elder Scrolls® series by Bethesda Softworks." I doubt Bethesda would actually go any further than that as it would just be bad publicity for them and a complete waste of money all around. (except for the lawyers of course)
And as others have posted, while this may sound dumb, try making a product with "Apple" in the name that's not directly related to real apples, let me know how that works out for you.
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Retired StaffThere is a MONUMENTALLY HUGE difference between copyright and trademarking. You can totally trade mark common words. "Apple" "Colorado" "Kerosene" "Biro" "Esky" "Ping Pong" are just some off the top of my head. You cannot make something with a name similar to, or containing those items without getting a trademark letter.
Often, if the products are notably different and there is a reason for the particular usage, it's fine. My example earlier "Apples & Oranges - Fruit Store" would probably not need to change their logo. Even though Apple has absolutely no affiliation with fruit. Woolworths (The walmart of Australia) had a trademark infringement from Apple over their logo. Look at this to see how stupid it was.
Trademark letters often mean ABSOLUTELY NOTHING serious. It's just a requirement of OWNING one, that you DEFEND it. Even when it might seem silly to the common public. At the bottom of that link, it says "Less than 5% of such actions make it to court".
They happen all the time. People think it means so much more than it really does.
Scrolls.
Yeah, that's right. Eat that up.
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Curse Premiumyou shouldn't use fag as an insult.
Bethesda just lost a sale from me.
A lot of pissed off people over this one.
I forsee a lot of actual real lost sales to torrenting of Skyrim over this predatory behaviour by Bethesda.
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Retired StaffParis Hilton owns "That's hot" when using it to advertise products.
Charlie Sheen owns "Duh, winning". So don't go putting that phrase into any games you design.
Donald Trump TRIED to trademark "You're fired" but lost because of a boardgame which had trademarked "You're hired". He can either buy the rights to the trademark from the company involved, or appeal.
This is 100% rubbish.
(I love Bethesda and their games, but this is just childish.)
If I were to Google "The Elder Scrolls," then I would find The Elder Scrolls stuff. Now, if I were to Google "Scrolls," then it's highly possible I'll find a plethora of different topics, threads, game, wikis, etc. etc.
As a matter of fact, I just literally did exactly that. Guess what I found? EXACTLY WHAT I SAID WOULD HAPPEN. (Anyone who doesn't believe me can go do it themselves. I laugh at the fact I found exactly that.) Quit being all butt hurt over this Bethesda! Leave this with dignity.
http://www.facebook.com/GauntOfficial
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Retired StaffYou totally can. Go make ANYTHING with "Apple" in the title. Especially electronics. Good luck with that.
IIRC, Coca cola owns that particular shade of red too... And Nike has trademarked "Air"
That being said we can point out the features of Scrolls and compare them to the new Skyrim game and it would show both are worlds apart. Mojang and Scrolls should have no problem at all if this is taken to court (which I doubt).
Move along people, there's nothing to see here.
I am not against Mojang. I love Minecraft and I hope they continue to create and update awesome games. I just want people to understand that the decision made by Bethesda was (hopefully) completely professional and not personal. I do not like this situation but since this seems like a weak lawsuit it should be easily handled.
And as others have posted, while this may sound dumb, try making a product with "Apple" in the name that's not directly related to real apples, let me know how that works out for you.