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Bethesda To Sue Minecraft Creator

  • 05-08-2011 10:54pm
    #1
    Registered Users, Registered Users 2 Posts: 7,116 ✭✭✭


    Link
    Indie developer and Minecraft creator, Markus Persoon (aka Notch), has informed readers of his personal blog that he is being sued by Bethesda over the trademark and his new game, Scrolls.

    The lawsuit comes from a trademark applied for a project the Indie developer is currently working on, simply known as "Scrolls". Bethesda, famed for their beloved The Elder Scrolls series, took this as a trademark dispute, claiming that the trademark Scrolls conflicted with their established gaming franchise.

    Admitting that he is a Bethesda fan himself, Notch further explained that he has no quarrel with Bethesda and that "Scrolls" is not in any way alluding to their games. Describing the lawsuit as a whole, Notch said, "I assume this nonsense is partly just their lawyers being lawyers, and a result of trademark law being the way it is."

    Regardless, the trademark law is believed to be applicable to only the fully named trademark and not individual words within. After researching the law, Notch believes that Bethesda doesn't have much of a case but the lawsuit is still being taken seriously.

    Today, Notch recieved a 15 page document from a Swedish law firm demanding that he cease using the name Scrolls, that they will be sueing and that they expect a large sum of money before the legal process begins.

    Believed to be an automated response from said lawyer firm, Notch simply hopes "Bethesda isn’t pulling a Tim Langdell."

    They can't be serious?


Comments

  • Registered Users, Registered Users 2 Posts: 841 ✭✭✭BlandKitten


    This is ridiculous, and the point "the trademark law is believed to be applicable to only the fully named trademark and not individual words within" pretty much sums up what I think about all this.


  • Closed Accounts Posts: 7,752 ✭✭✭pablomakaveli


    It looks like they're chancing their arm. If they only hold the trademark for The Elder Scroll they wont have a leg to stand on.


  • Moderators, Technology & Internet Moderators Posts: 17,135 Mod ✭✭✭✭cherryghost


    In that sense Techland should have been sued by Activision for the use of 'call' in Call of Juarez. It'll amount to nothing.


  • Registered Users, Registered Users 2 Posts: 18,397 ✭✭✭✭VinLieger


    Also lets get it straight its not Bethesda its the parent company that owns Bethesda. Most likely its trigger happy lawyers that are responsible


  • Registered Users Posts: 527 ✭✭✭wayhey


    VinLieger wrote: »
    Also lets get it straight its not Bethesda its the parent company that owns Bethesda. Most likely its trigger happy lawyers that are responsible

    It could be very damaging for Bethesda, even if they're not the ones requesting this. As soon as I read Notch's post I lost a lot of respect for them.. I definitely got the impression that the legal action came from Bethesda themselves.

    A really stupid move IMO. Whatever the outcome they won't come out favourably and it would be very difficult to make good publicity out of it.


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  • Moderators, Technology & Internet Moderators Posts: 17,135 Mod ✭✭✭✭cherryghost


    I should sue Bethesda for Brink now that I think of it.

    Cause its ****e!


  • Closed Accounts Posts: 7,752 ✭✭✭pablomakaveli


    I should sue Bethesda for Brink now that I think of it.

    Cause its ****e!

    You should patent the word ****e and then sue them for infringing on your copyright.:pac:


  • Closed Accounts Posts: 1,199 ✭✭✭twinQuins


    (seeing as this is the Minecraft forum I'll probably be lynched for this, but...) Having been following this, mostly on RPS, I kinda understand Bethsoft's position.

    They may not want to do this but it could very well set a precedent where they're not enforcing their trademark so others can slowly chip away making more and more obvious ripoffs, pointing to this.
    My knowledge of trademark law is rather limited but at least consider it.


  • Registered Users, Registered Users 2 Posts: 17,371 ✭✭✭✭Zillah


    twinQuins wrote: »
    They may not want to do this but it could very well set a precedent where they're not enforcing their trademark so others can slowly chip away making more and more obvious ripoffs, pointing to this.
    My knowledge of trademark law is rather limited but at least consider it.

    They do not have a trademark in the word "Scrolls". I would be very surprised if this went anywhere.


  • Registered Users, Registered Users 2 Posts: 9,313 ✭✭✭Mycroft H


    Notch fights back....

    am back, and I am excited.

    Marriage has been wonderful so far, and nobody sabotaged my computer while I was gone.

    The only negative thing going on at this moment is the Scrolls trademark lawsuit nonsense, and I think I came up with the perfect solution:

    Remember that scene in Game of Thrones where Tyrion chose a trial by battle in the Eyrie? Well, let’s do that instead!
    I challenge Bethesda to a game of Quake 3. Three of our best warriors against three of your best warriors. We select one level, you select the other, we randomize the order. 20 minute matches, highest total frag count per team across both levels wins.

    If we win, you drop the lawsuit.

    If you win, we will change the name of Scrolls to something you’re fine with.

    Regardless of the outcome, we could still have a small text somewhere saying our game is not related to your game series in any way, if you wish.

    I am serious, by the way.

    http://notch.tumblr.com/post/9038258448/hey-bethesda-lets-settle-this


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  • Registered Users Posts: 14 Savage Beat


    FYI - I Was sent this message from Blazerules on the minecraft forum as I posted on the thread in relation to the lawsuit.
    Cheers

    Sent 07 August 2011 - 10:52 PM
    Ugh I hate doing this but I hope you do understand it is not Bethesda sue'ing Mojang for the word scrolls. I chatted with a few bethesda employees on their forums and they aren't very happy about this either but it is ZeniMax who is sue'ing and Bethesda can't do anything about it...

    http://www.giantbomb.com/ news/ bethesdas-parent-company-tells-notch-scrolls-is-off-limits/3560/

    Here is some proof... Some sites "forget" to mention that it is ZeniMax sue'ing... Imagine Mojang was owned by EA and EA sued some company because some games name was Miners a FPS on a alien world... yeah blame Mojang Its totally their fault


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