Note: iOS 9 + Facebook users w/ trouble scrolling: #super sorry# we hope to fix it asap. In the meantime Chrome Mobile is a reach around
hot  /  reviews  /  videos  /  cblogs  /  qposts

Bethesda v. Mojang 'Scrolls' dispute going to courtroom

3:38 PM on 09.27.2011 // Conrad Zimmerman

When Markus "Notch" Perrson received a notice that Bethesda was bringing legal action against Mojang for infringing on the Maryland company's "The Elder Scrolls" trademark with their forthcoming game "Scrolls," he seemed to meet it with a level of bemusement, hoping that this was the sort of posturing that would just blow over. "Lawyers being lawyers," he called it.

Seems like those lawyers are going to get plenty of opportunity to be themselves. Today, a new notification arrived from Swedish officials indicating that the suit will indeed see the inside of a courtroom. Bethesda has filed evidence with the court, including user comments and screenshots of the Scrolls game taken from trailers to show how consumers may confuse Skyrim with Scrolls.

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."

Cheers to that. Nevertheless, it raises an interesting question. Obviously, as gamers, we're all well aware of the difference between the two products and can laugh this off. But perhaps Bethesda feels they really can't. Their titles reach a significantly broader audience beyond the dedicated games consumer and there is a risk that grandma might pick the wrong game off the shelf.

Then there are the trademark concerns. As a trademark holder, you're under an obligation to defend that trademark whenever there's even a hint of infringement. Failing to do so could eventually result in losing control over the trademark as exceptions pile up and build a precedent of inaction in the legal system's eyes.

So, is it really a silly case? Yes and no. Personally, I believe that Bethesda is really reaching on this one. We're talking about a single word here, one which has been in use for over a thousand years, and only a portion of their trademark. Winning the case against Mojang could force them to change the name of their game but, to me, would represent a gross interpretation of the trademark. But it's also a case they almost have to take to court lest they risk losing another suit down the line and it's their responsibility to take this course of action for the benefit of their shareholders.

Business is an ugly thing sometimes.

Mojang: 'Really Silly' Bethesda Scrolls Case Heads To Court [Gamasutra via Escapist]

Conrad Zimmerman, Moustache
 Follow Blog + disclosure ConradZimmerman Tips
An avid player of tabletop and video games throughout his life, Conrad has a passion for unique design mechanics and is a nut for gaming history. He can be heard on the comedy podcast () and str... more   |   staff directory

 Setup email comments

Unsavory comments? Please report harassment, spam, and hate speech to our community fisters, and flag the user (we will ban users dishing bad karma). Can't see comments? Apps like Avast or browser extensions can cause it. You can fix it by adding * to your whitelists.

Status updates from C-bloggers

Archelon avatarArchelon
Community Question: With all the controversy surrounding review scores, what do you personally consider a "bad" score versus a "good" score? Is there a game in particular that was panned by critics that you nevertheless enjoyed? Or vice versa?
TheVeganGamer avatarTheVeganGamer
Finally got around to playing Diablo 3 with some friends, holy smokes! That game is rad!
SpielerDad avatarSpielerDad
Public service announcement: Marry an orphan. It makes the holidays so much easier when you don't have to deal with pain in the ass in-laws.
Nekrosys avatarNekrosys
So... how long is it until we get the inevitable Colonial Marines or Ride to Hell: Retribution PS4/Xbox One re-releases?
SeymourDuncan17 avatarSeymourDuncan17
Screw Bloodborne. I finally managed to overcome not tearing up while listening to the entirety of Never More. Git gud! [youtube][/youtube]
NYCpunk avatarNYCpunk
you know what's not okay? scalpers with 10 copies of fire emblem fates SE on ebay for $200+. and no one is saying anything.
ChrisHannard avatarChrisHannard
Fallout 4 wouldn't be Fallout with ridiculous glitches and shenanigans. Here are a few I've run into - [youtube][/youtube]
StriderHoang avatarStriderHoang
I've never earnestly went drinking before so it's cool to know I'm the slow, sleepy, impaired type.
The Dyslexic Laywer avatarThe Dyslexic Laywer
Got to admit I didn't expect to find a mewtwo amiibo at my bookstore of all places...
Mike Martin avatarMike Martin
My cousin found out I slept with his girlfriend and is pissed. Understandable. I am totally sick of the angry phone calls though. It reminds me so much of playing Call of Duty online. The screaming 11 year olds suck on there too.
OverlordZetta avatarOverlordZetta
Huh. Apparently even Japan has a Black Friday sale going on on PSN right now.
Lawman avatarLawman
Yes, Resident Evil: Revelations 2, I know that somebody has 2,625 more medallions than me. No, Resident Evil: Revelations 2, I don't really care.
Dr Mel avatarDr Mel
This fucking Bloodborne DLC, jesus. I'm on new game+, about level 90, and shit just tears my dick off. I don't know if I want to start another guy just to avoid NG+ and level him up, etc. sigh....
Shinta avatarShinta
Wii U, top selling black friday item on Take that you anti-Wii U people.
CoilWhine avatarCoilWhine
I am pretty hyped for when I get a laptop because I'll be able to have a good enough connection to stream XbOne/soon PS4 games to it along with natively rendered Steam games. Hype!
Avoclefo avatarAvoclefo
Got a PS4 that came with SW Battlefront this week, and planning on picking up the FFX/X-2 remake. Hype is through the roof, especially for FFX. If I were to get one other game, what should it be?
Niero Desu avatarNiero Desu
Did a google maps search around my parents house for bars and there isn't one in like 25 miles, so I picked up an Intel compute stick and South Park: Stick of Truth on Steam. That's more or less the drunken screaming I'm in the mood for at about the cost.
OrochiLeona avatarOrochiLeona
Do you ever have that moment of clarity when talking to someone and suddenly realising: You're just a skull, and they're just a skull, with fucking eyeballs and a sac of skin being the only comparative difference between you visually? ..just me then?
Nathan D avatarNathan D
After quitting for two days out of frustration, I beat Ludwig on my first try of the night. I'm on cloud fucking nine right now.
Pixie The Fairy avatarPixie The Fairy
When I did my retail shift today, we were moving more Smash/Splat Wii U bundles and the Gears/Rare Replay/Ori XB1 bundles than Uncharted and Battlefront PS4s. I think Nintendo and MS have better value on their side this holiday. Sony got lazy.
more quickposts



Invert site colors

  Dark Theme
  Light Theme

Destructoid means family.
Living the dream, since 2006

Pssst. konami code + enter

modernmethod logo

Back to Top

We follow moms on   Facebook  and   Twitter
  Light Theme      Dark Theme
Pssst. Konami Code + Enter!
You may remix stuff our site under creative commons w/@
- Destructoid means family. Living the dream, since 2006 -