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Trademark

by Zachary Knight

Tue, Mar 13th 2012 12:05am




Filed Under:
scrolls, trademark

Companies:
bethesda, mojang


Mojang and Bethesda Reach A Settlement In 'Scrolls' Trademark Dispute

from the scrolls-will-be-scrolls dept

In one of the biggest letdowns in trademark history, Bethesda and Mojang have finally ended the dispute over the trademark status of the name "Scrolls". No massive court battle. No Quake 3 match. Just a simple settlement. In a very short post on the Mojang blog, Carl Manneh answers the two big questions about the dispute:
To answer the big question – yes Scrolls is still going to be called Scrolls.

To answer the second question – we aren't going to keep the trade mark.
So that's that. Which is probably just as well. After the initial ruling that gamers would most likely not be confused over the similar names, Bethesda's success in court was looking bleak. This was probably the best solution for all parties involved. Bethesda wins by not losing the appearance of control over the word "Scrolls", and not ending up like Tim Langdell. Mojang gets to continue calling its this game "Scrolls", while ceding the right to name any subsequent game "Scrolls". The only downside is that we lose the opportunity to set legal precedent on the ability to control individual words within a trademarked phrase.

17 Comments | Leave a Comment

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  1.  
    identicon
    Anonymous Coward, Mar 13th, 2012 @ 12:09am

    You could almost say they lost their scrolls.

     

    [ reply to this | link to this | view in thread ]

  2.  
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    Anonymous Coward, Mar 13th, 2012 @ 1:02am

    Scrolls

    Does this mean nobody own the "Scrolls" trademark now, or is the settlement that Mojang can call its game "Scrolls" in exchange for Bethesda owning the trademark to "Scrolls"?

    If it's the latter, I pity the next guy who wants to use the word "Scrolls" as part of his game's title.

     

    [ reply to this | link to this | view in thread ]

  3.  
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    gab4moi (profile), Mar 13th, 2012 @ 2:06am

    Scr*lls

    sure glad I'm third to post, otherwise I might have had to risk that 'scr*lling' down the page... and that mob who released that bug ridden, beta quality, lets have the modders fix it multi billion dollar pile of dragon/snowshite... might not like me doing that...

     

    [ reply to this | link to this | view in thread ]

  4.  
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    Anonymous Coward, Mar 13th, 2012 @ 5:36am

    I think this is not all good news, there have been reports that they would not be able to use the name in sequels. Cannot access news site but this was referrenced at Joystiq.com.

     

    [ reply to this | link to this | view in thread ]

  5.  
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    Anonymous Coward, Mar 13th, 2012 @ 5:48am

    Re:

    That sounds like a cost free concession to me. It's a card game, rolling updates make more sense than a sequel so one probably isn't planed even long term. I bet they offered to do what they were already planning to do.

     

    [ reply to this | link to this | view in thread ]

  6.  
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    Anonymous Coward, Mar 13th, 2012 @ 5:53am

    My point of view

    I don't know if this was necessarily Beth being asshats about trying to claim "Scrolls". Yes, that's what was claimed in the lawsuit, but it may have been a more "offense is the best defense" sort of move.

    I mean, think of it from the other side - if Mojang gets control of the more generic "Scrolls" trademark, then would Beth be violating that with the name "The Elder Scrolls"? I don't think trademark law has anything resembling "Prior Art" does it?

     

    [ reply to this | link to this | view in thread ]

  7.  
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    E. Zachary Knight (profile), Mar 13th, 2012 @ 6:11am

    Re: Scrolls

    From what it saounds like, this is "Mojang can continue to name its game 'Scrolls', so long as it does not seek a trademark for it. Bethesda keeps its 'The Elder Scrolls' trademark."

     

    [ reply to this | link to this | view in thread ]

  8.  
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    E. Zachary Knight (profile), Mar 13th, 2012 @ 6:13am

    Re: My point of view

    Trademark does. That was what this was all about. Under trademark law, when someone applies for a mark, other groups with similar trademarks can challenge that registration. That is what Bethesda did in this case.

    However, someone successfully getting a trademark does not mean that other groups with similar marks already registered are infringing. They are in the clear.

     

    [ reply to this | link to this | view in thread ]

  9.  
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    E. Zachary Knight (profile), Mar 13th, 2012 @ 6:21am

    Re:

    I have read the updates and yes you are right. Mojang gets to use the name for this game in all its versions. That is what the conflict was about though, the naming rights of this game. Not sequels or other games.

    That said, I have updated the story with the information and the link to Joystiq.

     

    [ reply to this | link to this | view in thread ]

  10.  
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    ChurchHatesTucker (profile), Mar 13th, 2012 @ 6:30am

    All?

    This was probably the best solution for all parties involved.

    Not for the public, IMHO.

     

    [ reply to this | link to this | view in thread ]

  11.  
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    Nathan F (profile), Mar 13th, 2012 @ 6:50am

    Re: All?

    Well the lawyers all made out like bandits, which is what I'm sure all they (the lawyers) care about.

     

    [ reply to this | link to this | view in thread ]

  12.  
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    Hoeppner, Mar 13th, 2012 @ 10:34am

    On the highest highest mountain in skyrim(throat of the world), there is the notched pickaxe.

    Notch being one of the owners of Mojang, and friends with the game designer(s)(don't remember which one).

     

    [ reply to this | link to this | view in thread ]

  13.  
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    Anonymous Coward, Mar 13th, 2012 @ 1:15pm

    Re:

    Notch being THE owner of mojang, and THE maker of minecraft.

    No others involved there.


    The notched pickax also ups your smithing ability, and I believe does fire damage?

     

    [ reply to this | link to this | view in thread ]

  14.  
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    Anonymous Coward, Mar 13th, 2012 @ 1:34pm

    Re: Re:

    Shock damage, actually.

    And yes, I'm ashamed that I know that without looking it up.

     

    [ reply to this | link to this | view in thread ]

  15.  
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    Anonymous Coward, Mar 13th, 2012 @ 8:16pm

    I for one am disappointed that there wasn't a precedent set regarding the suitability of Quake 3 for resolving legal disputes.

     

    [ reply to this | link to this | view in thread ]

  16.  
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    Anonymous Coward, Apr 12th, 2012 @ 3:52pm

    Cool

    Jeezus chrihst I can't believe they didn't do the quake three battle. Screw this!

     

    [ reply to this | link to this | view in thread ]

  17.  
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    asshole1, May 23rd, 2012 @ 11:05pm

    y'all are fucking stupid don't you have better things to do then blog about a fucking lawsuit that has nothing to do with you hell half of you spell like kid oh wait you are kid what a bunch of damb asses

     

    [ reply to this | link to this | view in thread ]


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