Bethesda Tells Minecraft Creator to C&D [Slashdot]

[DP ServBot]

dotarray writes with news that Notch, creator of Minecraft, has received a letter from Zenimax, parent company of Bethesda, demanding that he rename his company's new game, which is called Scrolls. They claim it bears too strong a resemblance to The Elder Scrolls. Notch said: "First of all, I love Bethesda. I assume this nonsense is partly just their lawyers being lawyers, and a result of trademark law being the way it is. ... I agree that the word 'Scrolls' is part of that trademark, but as a gamer, I have never ever considered that series of (very good) role playing games to be about scrolls in any way, nor was that ever the focal point of neither their marketing nor the public image. The implication that you could own the right to all individual words within a trademark is also a bit scary. We looked things up and realized they didn’t have much of a case, but we still took it seriously. Nothing about Scrolls is meant to in any way derive from or allude to their games."http://a.fsdn.com/sd/facebook_icon_large.png (http://www.facebook.com/sharer.php?u=http%3A%2F%2Fgames.slashdot.org%2Fsto ry%2F11%2F08%2F05%2F2123244%2FBethesda-Tells-Minecraft-Creator-Cease-and-Desist%3Futm_source%3Dslashdot%26utm_medium%3Dface book) http://a.fsdn.com/sd/twitter_icon_large.png (http://twitter.com/home?status=Bethesda+Tells+Minecraft+Creator%3A+Ce ase+and+Desist%3A+http%3A%2F%2Fbit.ly%2Fp5H6Cc)

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[Dobie]

This sounds a lot like the guy who tried to sue anyone using the word "edge" in their games. Bethesda has more of a case, considering they have actual software using the word, but I don't think they have a case. Otherwise, anybody using the words "legend" or "super" is in for a world of pain from Nintendo.

[Sysop]

This sounds a lot like the guy who tried to sue anyone using the word "edge" in their games. Bethesda has more of a case, considering they have actual software using the word, but I don't think they have a case. Otherwise, anybody using the words "legend" or "super" is in for a world of pain from Nintendo.
Exactly what I was thinking, Dobie.

[Icarus Moonsight]

Silly laws beget silly applications.

[kupomogli]

This should be thrown out. Scrolls, regardless if it's in Elder Scrolls, is a common word. Copyright on a specific name or a combination of words, as to be a title, sure, but copyright on common words shouldn't be allowed.

[Swamperon]

And, I'm pretty sure other games have used the word scrolls in their title after Elder Scrolls came into existence.

[exit]

It's not like the name is Scroll Elders, Scrolls of the Elders, The Elders and their Scrolls, or How to Elder your Scrolls.

[Snapple]

I don't have a problem with a company using its trademark and copyright claims on legitimate cases where someone is trying to make a buck off someone else's idea.

However, this is one of many cases where it goes way beyond the scope of what a trademark is supposed to do. Obviously I hope the lawsuit is dropped.

[Mayhem]

Edger Scrolls, anyone? :p

[Kitsune Sniper]

Someone at the GOG forums mentioned Scrolls: A game of Elders.

[crazyjackcsa]

Scrolling Elders?

[Dobie]

Someone at the GOG forums mentioned Scrolls: A game of Elders.

How about Super Scrolls: Legend of the Elder's Edge?

[APE992]

Someone at the GOG forums mentioned Scrolls: A game of Elders.

That'd be a great way to ensure a ruling for Bethesda.

If trademarks aren't defended, even stupidly like this, courts can interpret that as the abandonment of a trademark even if they keep using the Elderscrolls name. If a court proceeds to rule that it is not infringing Bethesda gets to keep their trademark and "Scrolls" can continue using their name as well, everyone wins.

Stupid yes, but I can fully understand *why* they're doing it. I just hope this is their reasoning and they don't plan to ruin him out of business to ensure their trademark is kept theirs.

[Shingetter]

That'd be a great way to ensure a ruling for Bethesda.

If trademarks aren't defended, even stupidly like this, courts can interpret that as the abandonment of a trademark even if they keep using the Elderscrolls name. If a court proceeds to rule that it is not infringing Bethesda gets to keep their trademark and "Scrolls" can continue using their name as well, everyone wins.

Stupid yes, but I can fully understand *why* they're doing it. I just hope this is their reasoning and they don't plan to ruin him out of business to ensure their trademark is kept theirs.

Keeping lawyers in business I guess.

[kedawa]

This almost as bad as that asshole who sued anyone that used the word 'edge' in a game title.