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While silly, I do understand the need to defend the name. Same would apply to a game called Gears in War or Ball of Duty. To a grandma, she might not be able to distinguish Elder Scrolls from Scrolls.
I'm sorry this is just retarded, are you telling me that if I wanted to make a game and call it "Elder" then I wouldn't be allowed to? Nobody even refers to an Elder Scrolls game as "The Elder Scrolls" everyone just says Oblivion, Morrowind, or Skyrim. Fuck this entire thing is stupid.
The sad part is Bethesda will likely win anyways. I mean, how long did it take for game companies to finally be able to use the word "edge" unhindered?
"For Mojang's part, they seem dedicated to winning the dispute. Their business developer Daniel Kaplan told Gamasutra that they intend to fight, noting that he, "really [hates] it how the big boys always get their own way.""
Ironic that a company that makes millions off a single game makes such a claim.
Ironic that a company that makes millions off a single game makes such a claim.
Solution: rename game to The Younger Scrolls.
In all seriousness, this is really silly. I can't believe Bethesda's attacking an INDIE STUDIO of all things with their lawyers.
In all seriousness, this is really silly. I can't believe Bethesda's attacking an INDIE STUDIO of all things with their lawyers.
Wait, they have screen shots of something that is barely in development? Damn the cia should hire those guys.
Kraid:Bethesda surely roasts and gases people they don't like and proclaims themselves as the master race. Good observation.
I could drive to Bethesda and punch their lawyers in the nuts. Matter of fact, I should probably take my lunch and do so.
Why did Blizzard not attack Notch for the name "Minecraft"?
Why didn't the creators of House of the Dead take action against Team Ninja, Rockstar, Visceral Games, and Valve?
Because they're not fucking Tim Langdell.
It would take a lot to make me hate Bethesda.
Hopefully they reach an amiable agreement on this. I don't know squat about the legal system, but I can understand that sometimes it's necessary to take action. But c'mon, isn't Scrolls going to be a downloadable game thing? And who's REALLY going to confuse a $60 triple-A title with a pay-as-you-go collectible card game? Especially when it's like <small> Elder Scrolls </small> V <big> SKYRIM </big>?
Why didn't the creators of House of the Dead take action against Team Ninja, Rockstar, Visceral Games, and Valve?
Because they're not fucking Tim Langdell.
It would take a lot to make me hate Bethesda.
Hopefully they reach an amiable agreement on this. I don't know squat about the legal system, but I can understand that sometimes it's necessary to take action. But c'mon, isn't Scrolls going to be a downloadable game thing? And who's REALLY going to confuse a $60 triple-A title with a pay-as-you-go collectible card game? Especially when it's like <small> Elder Scrolls </small> V <big> SKYRIM </big>?
If I were Notch i'd troll them in the court room and say let me just make my opening statement... I wrote it down here somewhere... Oh here it is on my "old scroll" *Pulls out Scroll* And reads his defense.
Seriously an out of touch moronic move by Bethesda. If this is how they want to compete with EA/Activision you're doing it wrong Bethesda.
Seriously an out of touch moronic move by Bethesda. If this is how they want to compete with EA/Activision you're doing it wrong Bethesda.
yo bethesda, i love ya but this shit is stupid, really i might as well go out and copywrite any word i feel like and just start sueing erebody!
"So, is it really a silly case?" Yes. Period.
Sorry if you are having a collective nerdgasm about the prospect of playing Skyrim and are willing to elevate Bethesda at the status of best-friends-forever for it, but if this case involved another company, say... Activision or EA; you would be up in arms about "evil corporations slamming on little guys" and there would be no discrepancy whether this case is BS or not.
Sorry if you are having a collective nerdgasm about the prospect of playing Skyrim and are willing to elevate Bethesda at the status of best-friends-forever for it, but if this case involved another company, say... Activision or EA; you would be up in arms about "evil corporations slamming on little guys" and there would be no discrepancy whether this case is BS or not.
@AvianFlame
They're not attacking and indie dev but the people who made one of the best selling indie games of all time. I know people who talk about Minecraft and have never heard of Skyrim. If this was a smaller dev I would be more sympathetic but they are the biggest name in indie gaming right now.
They're not attacking and indie dev but the people who made one of the best selling indie games of all time. I know people who talk about Minecraft and have never heard of Skyrim. If this was a smaller dev I would be more sympathetic but they are the biggest name in indie gaming right now.
But the word Skyrim has nothing to do with scrolls.
After all, Skyrim is the sequel to Oblivion, which was the sequel to Morrowind, which was preceded by Daggerfall and Arena.
OOOOOOOOOHHHHHHHHH! I get it! Daggerfall and Scrolls. Yeah, that is pretty close. Go get 'em, Bethesda.
After all, Skyrim is the sequel to Oblivion, which was the sequel to Morrowind, which was preceded by Daggerfall and Arena.
OOOOOOOOOHHHHHHHHH! I get it! Daggerfall and Scrolls. Yeah, that is pretty close. Go get 'em, Bethesda.
also its zennimax not Bethesda doing this as they are the ones operating the suits. besides lawyers have to do something otherwise they would have an even lazier job than they have now ZeniMax Media
Companies are saying that forced arbitration will save everyone money and streamline things, so its cool to sign away your right to be part of a class action suit. However, these companies waste exponentially more money on ridiculous lawsuits against other gaming entities and gamers themselves. Its brain melting, I swears it.
Go get em, Bethesda! Its good to know you're protecting your interest in single English words! Winning this case will obviously bring about better games, somehow.
Go get em, Bethesda! Its good to know you're protecting your interest in single English words! Winning this case will obviously bring about better games, somehow.
This could all have been avoided if they just picked a better name than Scrolls. Not that Bethesda are blameless, the jumpy gits.
Also, I find it hilarious that they're acting like they're still small-time developers. Guys, your first game has sold millions and the main developer is rolling in it. Regardless of the size of your studio, I don't think you can call yourselves indie devs any more.
Also, I find it hilarious that they're acting like they're still small-time developers. Guys, your first game has sold millions and the main developer is rolling in it. Regardless of the size of your studio, I don't think you can call yourselves indie devs any more.
This is a lose-lose situation for Mojang. Being a new millionaire, he's probably a little headstrong right now, but I know businesses that have fought similar court battles over trademarks, and even when the new guys win, they're usually out more money than the name (or phrase) was worth in the first place. You'd need to counter sue to make it up, and that could take years.
Especially since he hasn't built any brand equity (other than what he's got from the controversy), fighting over this type of thing is typical of someone who's green.
Especially since he hasn't built any brand equity (other than what he's got from the controversy), fighting over this type of thing is typical of someone who's green.
All valid points.
However, it's the same thing as calling a game "auto" and being sued by Take-Two.
Which, even if "auto"'s dev is an indie darling that created a phenomenon, this lawsuit would still be considered pretty fucking stupid and mostly pointless.
Also, you don't see Activision kicking them for making a game called Mine...CRAFT. Blizzard's keepers don't seem that skittish, and they're fucking Activision - the devil incarnate, for fuck's sake.
However, it's the same thing as calling a game "auto" and being sued by Take-Two.
Which, even if "auto"'s dev is an indie darling that created a phenomenon, this lawsuit would still be considered pretty fucking stupid and mostly pointless.
Also, you don't see Activision kicking them for making a game called Mine...CRAFT. Blizzard's keepers don't seem that skittish, and they're fucking Activision - the devil incarnate, for fuck's sake.
@lastdual: Or not. The game was not even announced and already has a lot more publicity that it would have in any other way. I think they are expecting for a quick ruling and capitalizing on the free advertisement this controversy generated...
All the clever little children going "Hurr hurr Mojang's new game Skyrim" on various forums haven't helped in the slightest either. The lawyers are actually using YouTube comments as 'evidence' of the apparent confusion.
I did ask for I-Ninja (about ten years ago) as a Christmas present -- it was written down on a piece of paper, even -- and a store worker brought the gift-giver a Ninja Turtles game, which was then given to me...
I still think they should've settled it over multiplayer, like Notch suggested previously.
I still think they should've settled it over multiplayer, like Notch suggested previously.
Wait, so this isn't going to DM_Courtroom? Fucking hell, I was hoping for a frag fest instead of a real lawsuit.
Conrad Conrad misrepresenting the facts again. It's not because the game is just called scrolls. Scrolls is just the subtitle! Why don't you post the full name!? Bethesda's The Elder Skyrim: Scrolls. Not so silly now is it?
"Hey guys, want to get bad press today?"
"Sure, how do we do that?"
"OK listen closely; sue the guys who make... MINECRAFT!"
"Oh my god, everybody would hate us!"
"I KNOW RIGHT?!"
"Sure, how do we do that?"
"OK listen closely; sue the guys who make... MINECRAFT!"
"Oh my god, everybody would hate us!"
"I KNOW RIGHT?!"
As silly as it may be, it is the 'poor' indie dev who went out to trademark the single word, not the big bad corporation. Not Bethesda/whomever lashing out at anyone who dares use a word in one of their trademarked titles.
Further, the trademark Bethesda is defending would likely be 'The Elder Scrolls', which bears substantially more of a resemblance to 'scrolls', and it is not at all unreasonble to see that they might be confused, especially as both games have some sort of vaguely fantasy content.
It is an absurd lawsuit, but trademarking a single (common usage) word is fairly 'special' as well.
Further, the trademark Bethesda is defending would likely be 'The Elder Scrolls', which bears substantially more of a resemblance to 'scrolls', and it is not at all unreasonble to see that they might be confused, especially as both games have some sort of vaguely fantasy content.
It is an absurd lawsuit, but trademarking a single (common usage) word is fairly 'special' as well.
This is ridiculous. There is pretty much no chance one of the two would be confused with the oter. After all, people talk about "Skyrim", "Oblivion" and "Morrowind", not about "The Elder Scrolls 3, 4 or 5"
It's like Nintendo suing Double Fine because of the word "legend".
It's like Nintendo suing Double Fine because of the word "legend".
These comments... Wow...
I have never seen people more determined to not learn something. And I went to public school.
Read the last paragraph of the article, people. That really is how trademark law works.
I have never seen people more determined to not learn something. And I went to public school.
Read the last paragraph of the article, people. That really is how trademark law works.
@Abnegation - Soo like notch said, MNM Software/Sega should be able to sue Zenimax/Bethesda for naming their upcoming game Rage because it was used in the game Streets of Rage.
Zenimax is just being arrogant and think that just because Mojang is a new developer with a decent amount of money that they can get a chunk of their change easily off of some left field lawsuit.
Game with the name scroll or scrolls in their name:
Aztec Scroll, Dungeon Scroll, Mickey's Magic Scroll, Dragon Scroll: Yomigaerishi Maryuu, Flying Dragon: The Secret Scroll, The Wizard Scrolls, the list goes on and on...
Hell, next they will be suing for everyone using the word "The" because it's in "THE Elder Scrolls" or even the world "Elder".
/facepalm
Zenimax might have a case if Mojang name their new IP "The (insert noun) Scrolls" and have the game close to the same as The Elder Scrolls game but it's not...
Zenimax is just being arrogant and think that just because Mojang is a new developer with a decent amount of money that they can get a chunk of their change easily off of some left field lawsuit.
Game with the name scroll or scrolls in their name:
Aztec Scroll, Dungeon Scroll, Mickey's Magic Scroll, Dragon Scroll: Yomigaerishi Maryuu, Flying Dragon: The Secret Scroll, The Wizard Scrolls, the list goes on and on...
Hell, next they will be suing for everyone using the word "The" because it's in "THE Elder Scrolls" or even the world "Elder".
/facepalm
Zenimax might have a case if Mojang name their new IP "The (insert noun) Scrolls" and have the game close to the same as The Elder Scrolls game but it's not...
The fact that the box art letters for 'SKYRIM' are about 4 times larger than 'The Elder Scrolls V' should tell you what most people will know it as. Just as it was for the previous installment.
As I understand it, Zenimax's problem is not his usage of the word but rather his attempt to copyright it. People bring up the Rage/Streets of Rage example but do id hold the copyright on Rage?
let alone the fact that any boy asking his granny for that game will call it Skyrim as opposed to "The Elder Scrolls 5: Skyrim
Here's where they've shot themselves in the foot. Skyrim is rated MA, meaning it is for MATURE AUDIENCES. They can't use the argument "Well a 12 year old would get the games confused."
This lawsuit is Bestheda saying their customers are idiots would would get "Skryim" confused with "Scrolls" which makes me a lot less likely to purchase that game if it's meant for idiots.
This lawsuit is Bestheda saying their customers are idiots would would get "Skryim" confused with "Scrolls" which makes me a lot less likely to purchase that game if it's meant for idiots.
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