Bethesda, Mojang & 'Scrolls'

Bethesda, Mojang & "Scrolls"

By Sacheverell Aug 5, 2011
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It would appear that Bethesda - developer of numerous popular titles, including the "Elder Scrolls" series of games - is suing Mojang for use of the word "Scrolls" in one of their upcoming projects.

UPDATE NOTE

There seems to be some (understandable) confusion in regards to where the lawsuit is coming from. To clarify, "Bethesda Softworks" (publisher and developer of game titles) and "Bethesda Game Studios" (Creators of games like Oblivion, Skyrim etc.) are not the same entity. BGS is an in-house game-making team led by Todd Howard which is one part of Bethesda Softworks, and has no direct connection to the lawsuit in progress by Bethesda Softworks. Unless further specified by the acronym "BGS", any references to Bethesda in the following article assume "Bethesda Softworks". Sorry about the confusion!

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Mojang has been in development of another project (which we went over in our last installment), which bears the working name "Scrolls". Bethesda has expressed concern that players could mix up this new game with their own "Elder Scrolls" series, although the two seem to share no noticeable similarities beyond the word "scrolls".

Notch said that their office received a 15-page cease-and-desist letter, claiming that Mojang would be sued for rights to the word, along with formal requests for legal fees. He went on to say that they are attempting to establish talks with Bethesda regarding the word, to find an amicable solution for both parties. At the time of this writing, there was no available response from Bethesda.

We will continue to update this article as information becomes available.

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Whitepride
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#2555 Whitepride

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Posted Aug 26, 2011
Quote from Sir_Maino

I'm sorry, but is it even possible to sue over a single word title for a game that is still in development. This is crazy! Am i going to get sued for saying 'scrolls' now? SCROLLS SCROLLS SCROLLS!!! for you, Bethesda.

Please read what they are doing before you start making stupid assumptions. Its not Bethesda, in fact, they're aren't even suing. its a Cease and Desist bro. Please read the first post at least.

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Whitepride
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#2557 Whitepride

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Posted Aug 27, 2011
Quote from God_Of_Chaos

It's*

You also made that mistake twice, along with a capitalization error on the second example.

Kk bro thx

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Whitepride
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#2558 Whitepride

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Posted Aug 27, 2011
Quote from God_Of_Chaos

It's*

You also made that mistake twice, along with a capitalization error on the second example.

Also, from the looks of it, you don't seem to get the point either. I'm trying to be a hypocrite. Otherwise, what'd be the fun in it?

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jdiger101
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Posted Aug 27, 2011
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Tampashrew
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#2561 Tampashrew

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Posted Aug 27, 2011
Quote from RareBear

And soon Blizzard will sue Mojang because of MineCRAFT? Seriously, big companies needs to stop thinking everything belongs to them.

Welcome to our wonderful world. I would say take a ticket at the complaint counter but it seems it's all out of numbered tickets.

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Whitepride
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#2563 Whitepride

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Posted Aug 28, 2011
Quote from Tampashrew

Welcome to our wonderful world. I would say take a ticket at the complaint counter but it seems it's all out of numbered tickets.

Seems they've been sold out for some time now.

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Xerxez
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Posted Oct 10, 2011
lol..

Bethesda you used to be cool. I used to respect you.. How much i loved Daggerfall... But after Morrowind you just lost the plot. You became greedy, obsessed with marketing. Lying about in game Content and or over exaggerating about it. ****ing up the Fallout franchise and Interplay with it. And Simplifying your games for ****ing morons that weren't even your true fans to begin with. now your picking on Indie Dev's that are doing more than you could ever do. Evolving the gaming industry in ways you didn't have the ****ing balls to do.

You no what, i want your company to burn lol and everything striped from you. You don't deserve it anymore..

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Swarmling
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#2566 Swarmling

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Posted Oct 10, 2011
Bethesda AKA eldar scrolls dont have the right to Hold the Name Scrolls for them selfs when they never even used it yet.

Thats Like Blizzard Comming After mine CRAFT!!!! for useing CRAFT.... starcraft warcrfat...

thats just not gonna happen so why is Bethesda... such big dicks... i will never buy any game from them ever again

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Daedroth
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Posted Oct 10, 2011
This is what Notch's Scrolls trademark application covers:

Entertainment services in the form of electronic, computer and video games provided by means of the Internet and other remote communications device; internet games (non downloadable); organising of games; games (not downloadable) played via a global computer network; education and entertainment services in the form of cinematographic, televisual, digital and motion picture films, radio and television programs and shows; preparation, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs; entertainment services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device.

In other words, Mojang intends to own the word "scrolls" in pretty much every form of visual entertainment media, not just in videogames. This means that, if the trademark is upheld, the company could rightly take action against anyone else using the word "scrolls" in any form of media whatsoever. Now, that would only be a problem if you were a successful media company planning to use the word "scrolls" in some form of entrainment media … Oh wait … that's right. If you're Zenimax, this trademark ****s you. Hard.

The section applying for trademarks on the use of the word "scrolls" in videogames is similarly broad (and potentially harmful to Zeni), covering:

Computer games; video games; computer software; computer and video games software; computer software downloaded or downloadable; computer software publications downloaded; interactive entertainment software; data recorded electronically from the Internet; data recorded in machine readable form from the Internet; discs, tapes, cartridges, CD-ROMs and other magnetic, electronic or optical media, all bearing computer games software or video games; electronic amusement apparatus for use with television receivers; electronic games apparatus; home video game machines.

Also, on Sept 13th two weeks before Zenimax filed suit against Mojang the United States Patent and Trademark Office Filed this:

The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. §1052(d), because the applicant's mark ... so resembles the marks in U.S. Registration Nos. 2634683, 2861127, 3375520, 3421731 and 3584564 (THE ELDER SCROLLS) and 4010219 (SCROLLS) as to be likely to cause confusion, to cause mistake, or to deceive. ... Regarding the THE ELDER SCROLLS marks, the applicant has merely deleted the term ELDER from the registered mark. The mere deletion of wording from a registered mark may not be sufficient to overcome a likelihood of confusion.

Last edited by Daedroth: Nov 5, 2011

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XXdeathreaperxx
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Posted Oct 10, 2011
Quote from sarus92

Let me put it this way all of you Minecraft fanboys..

Bethesda is and always will be better at making games in there genre than Mojang is at making games in there genre.

Let me put it this way for all you Bethesda fanboys..

Yo have the right of speech and the right to write about your opinion blah blah blah get off these peoples back and i see wear you are coming from though but just because bethesda made games first doesnt mean there better than any other company... and heres my opinion THE WAY YOU SAID MINECRAFT FANBOYS IS JUST WRONG..

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RenzXVI
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Posted Oct 11, 2011
@ Bethesda...

Scrolls!Scrolls!____Scrolls!______Scrolls!____Scrolls!Scrolls!
Scrolls!Scrolls!____Scrolls!______Scrolls!____Scrolls!Scrolls!
Scrolls!__________Scrolls!______Scrolls!____Scrolls!_____
Scrolls!__________Scrolls!______Scrolls!____Scrolls!_____
Scrolls!Scrolls!____Scrolls!______Scrolls!____Scrolls!Scrolls!
Scrolls!Scrolls!____Scrolls!______Scrolls!____Scrolls!Scrolls!
______Scrolls!____Scrolls!______Scrolls!____Scrolls!_____
______Scrolls!____Scrolls!______Scrolls!____Scrolls!_____
Scrolls!Scrolls!____Scrolls!Scrolls!Scrolls!____Scrolls!Scrolls!
Scrolls!Scrolls!____Scrolls!Scrolls!Scrolls!____Scrolls!Scrolls!
_______________________________________________
_______________________________________________
__Scrolls!__________________Scrolls!____Scrolls!Scrolls!__
__Scrolls!__________________Scrolls!____Scrolls!Scrolls!__
__Scrolls!Scrolls!_______Scrolls!Scrolls!____Scrolls!_______
__Scrolls!Scrolls!_______Scrolls!Scrolls!____Scrolls!_______
__Scrolls!______Scrolls!______Scrolls!____Scrolls!Scrolls!__
__Scrolls!______Scrolls!______Scrolls!____Scrolls!Scrolls!__
__Scrolls!__________________Scrolls!____Scrolls!_______
__Scrolls!__________________Scrolls!____Scrolls!_______
__Scrolls!__________________Scrolls!____Scrolls!Scrolls!__
__Scrolls!__________________Scrolls!____Scrolls!Scrolls!__
________________________________________________
________________________________________________
there... i said it too....

Last edited by RenzXVI: Oct 11, 2011

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MacPeaches
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Posted Oct 11, 2011
Are you serious Bethesda?! There are many games that also include 'Scrolls'. It's pretty stupid, why would you sue MineCraft for that....

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MacPeaches
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#2571 MacPeaches

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Posted Oct 11, 2011
I enjoy the Elder Scrolls games but this kinda changes the way I look at Bethesda.

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Tompprower
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#2572 Tompprower

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Posted Oct 11, 2011
Quote from jdiger101

ROFL

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Daedroth
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#2574 Daedroth

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Posted Oct 12, 2011
Quote from RenzXVI

@ Bethesda...

Scrolls!Scrolls!____Scrolls!______Scrolls!____Scrolls!Scrolls!
Scrolls!Scrolls!____Scrolls!______Scrolls!____Scrolls!Scrolls!

there... i said it too....

Quote from MacPeaches

Are you serious Bethesda?! There are many games that also include 'Scrolls'. It's pretty stupid, why would you sue MineCraft for that....

Quote from MacPeaches

I enjoy the Elder Scrolls games but this kinda changes the way I look at Bethesda.

At least read the page that you are posting on.

Last edited by Daedroth: Oct 12, 2011

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ShadowPrince54
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#2575 ShadowPrince54

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Posted Oct 12, 2011
SCROLLS! THERE BITCHES COME SUE ME

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ShadowPrince54
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#2576 ShadowPrince54

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Posted Oct 12, 2011
I mean really. Suing over a word? Thats just plain whiny.

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niytowl
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Posted Oct 13, 2011
A cursory browse through Google reveals games named "The Dead Sea Scrolls" and "The Lost Scrolls". If Bethesda doesn't similarly respond to these developers they seriously weaken their case against Mojang. Trademark law requires the registering entity (Bethesda) to reasonably protect their trademarks. Personally, I see way too many "Scrolls" out there for Bethesda (or anyone) to claim trademark infringement on that word alone. And it's about time that the Trademark Office stops handing out trademarks for common words. You should have to make up a word in order to own the rights to it. In any case, if you trademark "Elder Scrolls" you should only own that combination, not the two words that comprise it.

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Abnegation
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#2578 Abnegation

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Posted Oct 13, 2011
Quote from niytowl

A cursory browse through Google reveals games named "The Dead Sea Scrolls" and "The Lost Scrolls". If Bethesda doesn't similarly respond to these developers they seriously weaken their case against Mojang. Trademark law requires the registering entity (Bethesda) to reasonably protect their trademarks. Personally, I see way too many "Scrolls" out there for Bethesda (or anyone) to claim trademark infringement on that word alone. And it's about time that the Trademark Office stops handing out trademarks for common words. You should have to make up a word in order to own the rights to it. In any case, if you trademark "Elder Scrolls" you should only own that combination, not the two words that comprise it.

The difference is those games didn't apply for trademarks.

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stephen48
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#2579 stephen48

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Posted Oct 20, 2011
i use to have alot of respect for bethesda now theve lost it, mojang is so much better, bethesda can not own the word scrolls. there is so many things wrong with this bethesda go f yourself

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Bethesda, Mojang & "Scrolls"

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