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Bethesda sues Minecraft creator Mojang over trademark photo

Bethesda has lodged a complaint with Swedish courts against Minecraft creator Mojang over a trademark filing earlier this year. The trademark is for the title, "Scrolls," which Bethesda feels is an infringement on their trademark for, "The Elder Scrolls." The entire drama is laid out in a post on the blog of Mojang founder Markus "Notch" Persson.

Notch explains that after filing for the trademark, Mojang was contacted by lawyers representing Bethesda who desired more information about the filing and suggested the potential conflict. Mojang attempted to strike compromise at some point in their communication (though Notch seems unclear as to when) but negotiations seem to have fallen through. Today, Mojang received notification from Bethesda's attorneys that paperwork and fees have been filed to move the trademark complaint forward.

This almost certainly isn't about preventing Mojang from releasing their game under the name, "Scrolls." Far more likely, it's an effort by Bethesda to protect their trademark in the long term. By filing the suit, they're demonstrating that they have attempted to enforce the legitimacy of their claim to the trademark. This creates a paper trail which they can point to as evidence to support later trademark disputes, showing that they have defended their rights.

In other words, Bethesda -- and its parent company, Zenimax -- is possibly not a horrible, evil company who wants to keep the indie developer down by drowning them in unnecessary litigation or demanding total control over common words and phrases (in this particular case).

Bethesda are suing us, here’s the full story! [The Word of Notch] [Image]








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Conrad Zimmerman is Destructoid's News Editor and home to the busiest mustache in the gaming press. An amateur historian and pop culture fanatic, Conrad possesses a nearly limitless wealth of videogame factoids and a passion for the power of games to teach, inspire and entertain. He enjoys reading, writing and turning things which should be fun into work. Likes Mega Man 2, Arcade Games, Books about games, Board games, Having cultural interests that aren't games Meet the rest of the team



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100 comments | showing # 1 to 50
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Sherwood513's Avatar - Comment posted on 08/05/2011 16:47
Sherwood513
To the people about to call Bethesda douches, they need to do this. Sad but true. If they don't, then some Knockoff experts will come along and steal their intellectual property and Bethesda will be in a weakened position with the courts since it will look like they're cherry picking who they're going after for alleged infringements. Stupid, I know.
lastkingofhearts's Avatar - Comment posted on 08/05/2011 16:48
lastkingofhearts
Dibs on Soliloquy or Monologue. Im trademarking them. ..


Now.
lastkingofhearts's Avatar - Comment posted on 08/05/2011 16:50
lastkingofhearts
Also Dragons. Thats mine too.
lastkingofhearts's Avatar - Comment posted on 08/05/2011 16:51
lastkingofhearts
Or any iteration of dragon or its intellectual property
Ardent Snow's Avatar - Comment posted on 08/05/2011 16:51
Ardent Snow
Are you serious? There are thousands of games with the same words in them. What the fuck is wrong with people? Update: Kojima is suing Epic games for Gears of War because they feel they have infringed on their trademark of "Metal Gear Solid." Fuck lawyers.
lastkingofhearts's Avatar - Comment posted on 08/05/2011 16:52
lastkingofhearts
Little known fact, Jim Sterling owns the intellectual properties of the word" cunt".
CaptainHowdy's Avatar - Comment posted on 08/05/2011 16:53
CaptainHowdy
Hmmmm let's hope no one else uses the name Scrolls for games movies. Best of luck to Mojang, I don't like any of there stuff but hope they don't go under.
Lemon-Fresh's Avatar - Comment posted on 08/05/2011 16:54
Lemon-Fresh
Blame the system not the lawyers ardent. Look up what happened to the writer of Calvin and Hobbs.
Satsumomo's Avatar - Comment posted on 08/05/2011 16:56
Satsumomo
Sherwood, today is not joke post of the day, you ain't getting a prize.
ebgeer's Avatar - Comment posted on 08/05/2011 16:57
ebgeer
So I couldn't come out with a game called "Scrolls"? even if it had nothing to do with fantasy gaming
janoDX's Avatar - Comment posted on 08/05/2011 16:57
janoDX
Minecraft > Skyrim
aliened's Avatar - Comment posted on 08/05/2011 16:57
aliened
As long as they keep doing games as Fallout and The Elder Scrolls (and keeping their games up on Steam *cough* fuck you EA *cough*) I don't care who they sue, they have own the right to be a little tough in protecting their stuff.
flea friend's Avatar - Comment posted on 08/05/2011 16:58
flea friend
I'm assuming next month will see them suing every company that used the word "The".
Zeno's Avatar - Comment posted on 08/05/2011 16:59
Zeno
>In other words, Bethesda -- and its parent company, Zenimax -- is possibly not a horrible, evil company who wants to keep the indie developer down by drowning them in unnecessary litigation or demanding total control over common words and phrases (in this particular case).

Just because they're possibly doing it to establish their trademark, doesn't mean that they're not being a horrible evil company here. It's the equivalent of shouting profanities at a sweet old lady to establish your freedom of speech.
Ardent Snow's Avatar - Comment posted on 08/05/2011 17:00
Ardent Snow
I can blame layers if I want lol. The system and lawyers exactly what's wrong with things. Lawsuits for everything and the lawyers advertise for people to sue people for everything and the system allows them to win. You can't seriously tell me that thousands of games haven't used the same words in titles since the beginning of the industry.
sylphx's Avatar - Comment posted on 08/05/2011 17:01
sylphx
@JanoDX

No, just no.

I'm even a big a fan of minecraft.
Degieni's Avatar - Comment posted on 08/05/2011 17:05
Degieni
This reminds me of Apple trying to go to court with Amazon for using the term "App Store"....
Zepinephrine's Avatar - Comment posted on 08/05/2011 17:05
Zepinephrine
pffft. Bethesda should think big like Microsoft:

http://www.theonion.com/articles/microsoft-patents-ones-zeroes,599/
MegaSchmoo's Avatar - Comment posted on 08/05/2011 17:06
MegaSchmoo
@Zeno
I think he was being sarcastic

In other news: Nintendo sues Team Meat for having a platformer with "Super" in the name and it looks similar to one of the "Super"s in one of their games.
quantumcatphd's Avatar - Comment posted on 08/05/2011 17:06
quantumcatphd
This would make a lot more sense if the word "Scrolls" wasn't so friggin' common. As it is, it's pretty asinine.
Scuffles's Avatar - Comment posted on 08/05/2011 17:06
Scuffles
@Sherwood513

If that is somehow what is magically happening here.... maybe next time they might want to consult their PR department or at least warn them about their impending workload increase.

Still if this was as toothless as you make it sound I don't think we would be seeing it posted on the world of notch ..... we probably wouldn't be hearing about it at all.
TheRemedy's Avatar - Comment posted on 08/05/2011 17:09
TheRemedy
Their is a difference between a cease & desist letter and a lawsuit. I wish he wouldn't have said that he was being sued as he isn't yet.
Operative20's Avatar - Comment posted on 08/05/2011 17:12
Operative20
Just lost some major respect for Bethesda. Sorry, but how can you NOT look like total douches when your a huge videogame company suing a small, indie developer. Not possible.
Ziggy played whatever's Avatar - Comment posted on 08/05/2011 17:16
Ziggy played whatever
I could understand it under different circumstances, but for a word as common as scrolls? Really?
enteringoblivion's Avatar - Comment posted on 08/05/2011 17:18
enteringoblivion
They have to know this won't stand (it's too ridiculous) so I'm inclined to believe Conrad. But I still don't care why they're doing it. They shouldn't be harassing an innocent company for something that might happen. This is horrendous PR for them.
Gamesmonkey's Avatar - Comment posted on 08/05/2011 17:21
Gamesmonkey
You know what? Good. Fuck Notch, and his lazy fucking work ethic. He gets so much money from autistic twats who spend so much time achieving nothing and spends it on vacations. Fuck this pathetic loser.
Pacopaco's Avatar - Comment posted on 08/05/2011 17:28
Pacopaco
@Gamesmonkey
"...who spend so much time achieving nothing"

Dude, you're talking about videogames. For 99% of them, you don't achieve jack shit.
Sherwood513's Avatar - Comment posted on 08/05/2011 17:32
Sherwood513
@Scuffles I don't know how seriously they're taking it. But if they don't defend their copyright, they can lose intellectual ownership if a real threat comes along. What is likely to happen is that the guy will be allowed to use the name, and Bethesda will be seen in the future as having tried to defend their copyright. Also, lawyers will get richer and money will be wasted. That's our system folks.
SourGr8pes's Avatar - Comment posted on 08/05/2011 17:33
SourGr8pes
Ouch, that's gonna be some bad PR for Bethesda.
Gamesmonkey's Avatar - Comment posted on 08/05/2011 17:34
Gamesmonkey
@Pacopaco
So you don't see some sort of ending? Some sort of message telling you that you've achieved or accomplished something? Let me count the games which end...

I lost count.
Tom Kestler's Avatar - Comment posted on 08/05/2011 17:36
Tom Kestler
If I had the option of killing two people out of all the humans on Earth with no consequences, it would undoubtedly be Cliffy B and Todd Howard.
Lycan XIII's Avatar - Comment posted on 08/05/2011 17:37
Lycan XIII
Is it Bethesda, or is it just their lawyers looking for money?
fulldamage's Avatar - Comment posted on 08/05/2011 17:43
fulldamage
Jesus. Lawyers.

Either there's more to this case that the press isn't aware of, or it just doesn't hold water. You can't trademark plain dictionary words.
Pencoin's Avatar - Comment posted on 08/05/2011 17:44
Pencoin
I think Zenimax/Beth does have a grudge against Mojang actually.
Minecraft's Official release was going to be on 11/11/11 same time as Skyrim (It's been pushed back now). Considering how many 'preorders' Minecraft has (That's what is getting you into the Beta) It would of easily out sold Skyrim with it's now 3mil buys it may even be the biggest seller of the year, outselling even MW3 possibly due to the way it's worked.

Well played Notch!
Pacopaco's Avatar - Comment posted on 08/05/2011 17:45
Pacopaco
@Gamesmonkey
Oh, I see what you're saying now. You don't like open-ended games. Get over it and play a game you like. It'll save you a lot of stress.
Pacopaco's Avatar - Comment posted on 08/05/2011 17:47
Pacopaco
^and I mean that in a slightly more respectful tone than how my comment comes across.
jitzul's Avatar - Comment posted on 08/05/2011 17:56
jitzul
All I know is that if any and I mean any other company did this (besides vale)Then the comment section would be filled with people shit talking them. But since it is bethsda only a handful of people give a shit.
TheNephilym's Avatar - Comment posted on 08/05/2011 18:00
TheNephilym
Oh, lord. It's a good thing thier game's not call "The Dead Scrolls." They'd have to sue every fucking body.
Havoc Fang's Avatar - Comment posted on 08/05/2011 18:00
Havoc Fang
@Gamesmonkey

Seriously? The man didn't expect this much success, handled it quite well (making free and substantial updates for a game this universally well praised is fairly rare), still works on updating it personally while working on other projects...

He won the indie game lottery, and dared to enjoy the profit like most people would. Fuck him for his runaway success. I don't even play MC that much anymore, but claiming his work ethic to be 'lazy' is just dickish.

/accepttroll
TheNephilym's Avatar - Comment posted on 08/05/2011 18:02
TheNephilym
Seriously, though. It's nitpicking and stupid.

If you trademark "Look Who's Talking Now, This Is Some Weird Shit" you shouldn't be able to stop someone from making a movie called "shit"!
MCBattery's Avatar - Comment posted on 08/05/2011 18:09
MCBattery
UPDATE: The Dead Sea is now suing video game developer Bethesda for the use of the word "Scrolls"
BenelliM4's Avatar - Comment posted on 08/05/2011 18:20
BenelliM4
Before we all pounce (Guess I'm a little late for some of you.) I suggest we see how deeply this goes. If ZeniMax\Bethesda doggedly tears at Mojang with the might of a thousand infringments, I think they've cleared the runway for us. But first let's at least see how Notch used the word 'Scrolls.'

Five bucks says this is over within the month.
Gilgamesh1317's Avatar - Comment posted on 08/05/2011 18:24
Gilgamesh1317
@Pencoin: Modern Warfare 2 sold five million in the UK alone, mate, and Modern Warfare 3 looks to outdo that. Minecraft's certainly done well for itself but it's nowhere near the biggest seller of the year.

Anyway, far be it from me to interrupt the cries of "BETHESDA ARE EVIL", but it does make sense, really. The Elder Scrolls is their big money-maker, their most beloved child, they're going to protect it as much as possible. Also, could've used a better name than just Scrolls for their game, but that's just me.
bickle's Avatar - Comment posted on 08/05/2011 18:29
bickle
Saying that Bethesda needs to do this is complete bullshit. If they didn't want to do it, all they would need to do is come to an agreement with Mojang, but as reported in the story, talks ended and papers served.

Bethesda needs to protect its copyrights, but a lawsuit isn't the only way to do it.
bricewgilbert's Avatar - Comment posted on 08/05/2011 18:33
bricewgilbert
This makes this interview between Todd Howard and Notch really weird.

http://www.gameinformer.com/b/features/archive/2011/06/14/notch-and-todd-howard-the-one-on-one-interview.aspx
skateallday101's Avatar - Comment posted on 08/05/2011 18:36
skateallday101
@janoDX skyrim hasnt even come out yet. how can you say its better then minecraft?
meteorscrap's Avatar - Comment posted on 08/05/2011 18:49
meteorscrap
Douche move.

Sorry, but Bethesda owns the right to "The Elder Scrolls". Not just "Scrolls". They might as well claim that they're going to offer a trademark dispute over the use of "Elder" or "The" in a title.

Bethesda? Understand something. If this harms Notch or Mojang, I'm gonna be buying Skyrim, and all of your other titles used. I don't like you enough to see you douche Penny Arcade and Minecraft out of their hard work thus far. And believe me, if Tycho says boo about this, you can probably expect a backlash, if previous movements are taken into account.
Heojaua's Avatar - Comment posted on 08/05/2011 18:52
Heojaua
Isn't there a copyright on the word Edge?
Faux Furry's Avatar - Comment posted on 08/05/2011 18:53
Faux Furry
Somebody ought to release a Junior Scrolls series just to mess with them for this.
ZeniGeva's Avatar - Comment posted on 08/05/2011 19:22
ZeniGeva
Someone sue Fallout Boy, please! ...no, not for the name infringement...just because they suck.
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