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I'm glad to see this worked out for both parties. I can't really see how people can complain about this result.
Everyone's happy, yay. :D
I don't think the name "Scrolls" is going to cause any confusion between consumers, especially since The Elder Scrolls games are more know for their 'actual' titles, like "Skyrim", Oblivion" etc. Anyone who saw the name "Scrolls" alone with a totally different logo would at least suspect the game wasn't associated with Bethesda's flagship title.
Now to wait for someone to make a game named "Elder".
I don't think the name "Scrolls" is going to cause any confusion between consumers, especially since The Elder Scrolls games are more know for their 'actual' titles, like "Skyrim", Oblivion" etc. Anyone who saw the name "Scrolls" alone with a totally different logo would at least suspect the game wasn't associated with Bethesda's flagship title.
Now to wait for someone to make a game named "Elder".
Agreed, Chongomaster. There should not be any complaints at this point from either side. Especially considering it also means that any other games from here on out can still use the word "Scrolls." Which, Notch, would have owned "if" he had won the lawsuit. Which would have been bad.
When I worked at a theater, I was working in the box office the night our theater was showing an advance screening of "The Ring," the American version of the Japanese horror film, starring Naomi Watts. People were swarming us, trying to purchase tickets to "Lord of the Rings." You wouldn't think there would be any confusion, since "The Ring" and "The Lord of the Rings: The Two Towers" have only the vaguest of similarities in the title, but NEVER underestimate the human capacity for stupidity.
@Jason Venter: I've worked at a movie theater before too. Stuff like that happened all the time, like with Moon and New Moon for instance. Sometimes I didn't even want to correct them ("Is Moon the one with the vampires and shit?" "...Yep. Enjoy!")
@Jason Venter
Wow, didn't they see the poster or something? I guess I shouldn't really be surprised.
Wow, didn't they see the poster or something? I guess I shouldn't really be surprised.
I'm glad to see this ended in a happy way but it leads me to a question.. or maybe a few:
First one I guess is, doesn't that mean Notch can't trademark the name of his game in order to protect it, just like Bethesda was "forced" to protect theirs? If people start infringing on his game, does this mean he's left without a safety net?
Another is more about trademarks themselves. I understand loosely that a trademark is set up by a company or entity to protect their good or service from others who may call or make their items the same thing or whatever, but at what point do we get to where it becomes necessary to have a trademark to protect your properties? It goes back to that second question I asked above really, Bethesda can protect the word "Scrolls" all they want it seems, because its a part of the the name of their series, but if someone decides to infringe on Mojang's game does that mean Mojang is helpless because they can't get a trademark for it? At what point will Notch really be able to fight it, if at all?
I guess another question is, does this mean that Mojang's scrolls is sort of protected by Bethesda's holding of "The Elder Scrolls" now? Like if something else named "Scrolls" comes along, Bethesda would probably have to be the one to still have to attack it, becauses they're the trademark holder, but Mojang got to slide past because of their agreement? Or would others also get to slide past because of Mojang's case/agreement?
Or maybe some of these questions negate some of the others? I really need to go to law school....
First one I guess is, doesn't that mean Notch can't trademark the name of his game in order to protect it, just like Bethesda was "forced" to protect theirs? If people start infringing on his game, does this mean he's left without a safety net?
Another is more about trademarks themselves. I understand loosely that a trademark is set up by a company or entity to protect their good or service from others who may call or make their items the same thing or whatever, but at what point do we get to where it becomes necessary to have a trademark to protect your properties? It goes back to that second question I asked above really, Bethesda can protect the word "Scrolls" all they want it seems, because its a part of the the name of their series, but if someone decides to infringe on Mojang's game does that mean Mojang is helpless because they can't get a trademark for it? At what point will Notch really be able to fight it, if at all?
I guess another question is, does this mean that Mojang's scrolls is sort of protected by Bethesda's holding of "The Elder Scrolls" now? Like if something else named "Scrolls" comes along, Bethesda would probably have to be the one to still have to attack it, becauses they're the trademark holder, but Mojang got to slide past because of their agreement? Or would others also get to slide past because of Mojang's case/agreement?
Or maybe some of these questions negate some of the others? I really need to go to law school....
Minecraft... Scrolls...
What next, "Dragon Effect?"
I don't think the Bethesda suit is totally without merit.
Glad it resolved without drama though.
What next, "Dragon Effect?"
I don't think the Bethesda suit is totally without merit.
Glad it resolved without drama though.
So now Mojang can never create Scrollcraft, the massive open world RPG where you have to scour an ancient libary looking for ancient scrolls filled with great wisdom to save the world while dealing with all sorts of evil enemies like the dreaded bookworm or scholars who believe your research is flawed and wish to put a stop to it. You can't tell me nobody saw that coming and now it shall never see the light of day. DAMN YOU BETHESDA FOR SETTLING WITH SUCH (UN)REASONABLE DEMANDS THAT PREVENTED THIS FROM BECOMING A THING!
Mojang wins! They can't trademark the term "Scrolls" which is what Zenimax was suing them over. Zenimax got what they wanted, Mojang wins!
@TSAVO
Owning the trademark was never the goal. The goal was just to be able to call the game "Scrolls." There's the victory.
Re-posting YouTube videos, re-posting news that appears on other sites, it's all the same. One isn't any more complicated of difficult than the other.
Owning the trademark was never the goal. The goal was just to be able to call the game "Scrolls." There's the victory.
Re-posting YouTube videos, re-posting news that appears on other sites, it's all the same. One isn't any more complicated of difficult than the other.
@Tony
Mojang filing to trademark "Scrolls" is exactly how this entire case started, how is that not the goal? Ultimately, Mojang settled for being able to use the name and Zenimax legally protected their IP. They're both "victorious."
I have no doubt that it's not difficult to re-post news or videos. I'd rather see you contribute more original material like your colleagues than your usual copy/pasting.
Mojang filing to trademark "Scrolls" is exactly how this entire case started, how is that not the goal? Ultimately, Mojang settled for being able to use the name and Zenimax legally protected their IP. They're both "victorious."
I have no doubt that it's not difficult to re-post news or videos. I'd rather see you contribute more original material like your colleagues than your usual copy/pasting.
@TSAVO
This was apparently at the link you decided not to click on:
"For us this was never about a trade mark but being able to use Scrolls as the name of our game which we can – Yey."
If by "original material," you mean reviews and features, then yes, I write those too. You'll notice, however, that the bulk of content on this site is re-posted stories. People send news to our tip emailer, and we post the tips we think are most worthwhile.
As crazy as it may sound, there are other duties we each fill that DON'T involve posting stuff on the site, but you wouldn't know what they are because it's all behind the scenes. On top of that, save for a couple of staffers, this isn't our full-time job. So I'll ask you kindly to zip it, because you have no idea what we have to take care outside of the random news post.
This was apparently at the link you decided not to click on:
"For us this was never about a trade mark but being able to use Scrolls as the name of our game which we can – Yey."
If by "original material," you mean reviews and features, then yes, I write those too. You'll notice, however, that the bulk of content on this site is re-posted stories. People send news to our tip emailer, and we post the tips we think are most worthwhile.
As crazy as it may sound, there are other duties we each fill that DON'T involve posting stuff on the site, but you wouldn't know what they are because it's all behind the scenes. On top of that, save for a couple of staffers, this isn't our full-time job. So I'll ask you kindly to zip it, because you have no idea what we have to take care outside of the random news post.
That's a super great settlement, especially since it's plenty unlikely Scrolls could be trademarked in the first place.
Bethesda are still a bunch of jackasses.
Bethesda are still a bunch of jackasses.
Ah yes, they posted it wasn't about the trademark on their homepage. Without sounding too conspiracy, it comes off as very PR-like.
I'm not naive enough to think that you do nothing for the site outside of front page posting. Contrary to how my posts may sound, I DO like your original writing when you do them and that's why I made my previous statement. I just get frustrated when I see a random YT video with one sentence beneath it (and it commonly has your name on it).
I will now kindly zip it as requested :).
I'm not naive enough to think that you do nothing for the site outside of front page posting. Contrary to how my posts may sound, I DO like your original writing when you do them and that's why I made my previous statement. I just get frustrated when I see a random YT video with one sentence beneath it (and it commonly has your name on it).
I will now kindly zip it as requested :).
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