I’m not sure what you mean when you say “he was careful not to go legal at all” when he enforced his Minecraft trademark. I’d bet that when he asked the other company to change their name, he did so via a standard issue cease and desist letter. Since they changed the name, there was no need for further action, but it seems unlikely that he would have not sued them in order to be a nice guy who doesn’t “go legal.”

apologies, i am at work and having a hard time finding a link to a non-gaming site (guess what they block here…)

just as a clarification, this is not Bethesda, but rather the company that owns? or distributes? Elder Scrolls.

So not the developer, but the publisher.

Someone with an open internet, could you post a link? thanks.

Only happens when no large amount of money is at stake for the legally disadvantaged side. Your Pollyanna notions on “free enterprise” never take greed into consideration — and yet greed is ALWAYS present. I’m not disagreeing on trademark, but when situation is reversed as with Bethesda, whether a court battle occurs depends on how much power trip the executives are on.

Also, reasonable people should be aware that it’s risky in any lawsuit: the least concession (such as admitting that the word “Scroll” is in Bethesda trademark) can ruin your case. Should always just hear them out without admitting even that the sun is shining. — Everything is an “admission” to a lawyer, not a statement of fact.

The sad thing is, his new found wealth and company may likely be completely destroyed because of this lawsuit. Lawyers are not friendly people who slap people on the wrist. They go for the jugular and want to destroy and put people out of business.

He has 3 million followers and fans of his work, why he hasn’t called on them to start boycotting is beyond. Why he still liked a company that will put him out of business and make him penniless is, again, beyond me.

I suppose they don’t have homeless people where he lives, but where ever he ends up I bet we will be seeing a quote saying “I should have used my resources more effectively. I should have know the industry is out for blood.”.

Funny how most simply jump on Bethesda for “own the right to all individual words within a trademark” without the full background or sufficient information to actually assess what’s going on here. All Notch indicated in his blog post was that “out of the blue, we got contacted by Bethesda?s lawyers” and he received a “15 page letter from some Swedish lawyer firm, saying they demand us to stop using the name Scrolls, that they will sue us (and have already paid the fee to the Swedish court), and that they demand a pile of money up front before the legal process has even started”

First, it’s hardly surprising that Bethesda contacted them when Mojang had itself applied for a trademark on the word “Scrolls”. In fact, according to the Swedish Trademark Database, Mojang applied for a trademark on the word “Scrolls” not just in association with his video game, but in association with just about any conceivable marketing usage one could think of. Here’s the full list of what Mojang applied to have the exclusive right to use the word “Scrolls” in association with (original in Swedish, translated by Google translate):

“Class description
9 Computer games, video games, computer software, computer software and video games, software downloaded or downloadable; Software Publications downloaded; Interactive entertainment software; data recorded electronically from the Internet, data recorded in computer readable form from the Internet;, tapes, cartridges, CD-ROMs and other magnetic, electronic or optical media, all with game software or video games, electronic entertainment devices for use with television receivers, electronic games apparatus; Hemvideospelsmaskiner.
25 articles of clothing, footwear and headgear, shirts, sweaters, pants, Training Shirts, Jackets, Knitted garments, Hats, Hats; Halsbekl?dnader, Shoes, Socks, Women’s Clothing, Men’s Clothing, Infants Clothing, apparel, parts and components for those.
28 Games and playthings; Electronic gaming equipment; Audiovisual games and computer hardware platforms (not for use with television receivers), handheld gaming devices, hand-held video game machines, parts and fittings for the aforesaid goods; Board games, electronic games machines, equipment sold as a unit for card games, Electronic handheld game device, game equipment sold as a unit for the parlor, a card game; Independent video game machines, toys aimed at problem solving, Playing cards, Board Games, Card Games, Three-dimensional puzzles; parts and fittings for the aforesaid goods.
41 Entertainment services in the form of electronic games, computer and video games provided via the Internet and other remote communication devices, Internet gambling (downloadable), organization of games; games (not downloadable) which is played via a global computer network; Educational and entertainment services in the form of movies, TV movies, digital movies and feature films, radio and television programs and shows, The processing, editing and production of cinematographic works, television films, digital movies and feature films, radio and television programs; Entertainment services in the form of electronic games, computer – and video games provided via the Internet, mobile phones and other remote communications device.”

Consequently, I find it more than a little disingenuous that Notch is incredulous about Bethesda claiming “the right to all individual words within a trademark” when HIS COMPANY IS APPLYING FOR A TRADEMARK THAT IS MUCH BROADER than the one Bethesda is asserting. In fact, if Mojang gets the trademark it applied for, it’s quite conceivable that Mojang could sue Bethesda for infringing its trademark in the word “Scroll”. And you wonder why Bethesda appears to reacting negatively to this?

Secondly, it is routine that after filing, trademarks are published for opposition (I’m not that familiar with Swedish trademark processes, but assume it follows the same basic process as most others). During this period, it is expected that those with similar trademarks will challenge the granting of the trademark. I’m not sure where Mojang’s application is in the process, but it’s not at all clear that this “15-page letter” isn’t part of this process (nor are the assertions regarding demands clear… is this a settlement offer? A licensing offer? Related to costs of opposition? What?).

There’s clearly more going on here… so I’d be wary about jumping to conclusions simply by virtue of a single blog post.