Not exactly unexpectedly, about four hours ago Markus "Notch" Persson -- creator of Minecraft and head of Mojang Specifications -- received a letter from a Swedish law firm representing Bethesda Softworks. It claimed that his company's trademark of the word "Scrolls" for use with a currently-in-development game was infringing on Bethesda's own trademark, "The Elder Scrolls," and requested "a pile of money up front" before things could proceed. But Notch could've guessed it was coming.
Writing on his Tumblr page, Notch explains that "about half a year ago," his company's legal team suggested registering "Minecraft" as a trademark. In the process, Mojang also filed to register "Scrolls," killing two birds with one stone. Notch writes that "A while later, out of the blue, we got contacted by Bethesda's lawyers. They wanted to know more about the 'Scrolls' trademark we were applying for, and claimed it conflicted with their existing trademark 'The Elder Scrolls.'" At the time, Mojang responded by offering what Notch calls a compromise: "We'd agree to never put any words in front of 'Scrolls,' and instead call sequels and other things something along the lines of 'Scrolls - The Banana Expansion.'" In his piece, he says that he's not sure if Mojang ever heard back.
Fast-forward to this afternoon, and a "15-page letter" from a Swedish law firm, on behalf of Bethesda, arrives for Notch (pictured above). He says it's threatening a lawsuit if Mojang refuses "to stop using the name 'Scrolls,'" and that Bethesda will sue should that be necessary. Regardless of the current situation, Notch notes at the top of his piece, "I love Bethesda. I assume this nonsense is partly just their lawyers being lawyers, and a result of trademark law being the way it is." Here's hoping that compromise works out, and Notch is somehow legally bound to name the first Scrolls DLC "The Banana Expansion."
Update: This piece was originally headlined "Minecraft studio being sued by Bethesda over 'Scrolls' title," and has since been amended to more accurately reflect the situation.
Reader Comments (99)
Posted: Aug 5th 2011 4:24PM DBuckEye said
Posted: Aug 5th 2011 4:24PM bigwhiteyeti said
Where's Premature Ejaculation Man when you need him? He'd love all this talk about "Banana Expansion".
Posted: Aug 5th 2011 4:31PM CaptainProtonX said
@bigwhiteyeti
Banana pudding is what you mean.
Reply
Banana pudding is what you mean.
Posted: Aug 5th 2011 4:44PM Once known as Shadsy said
@bigwhiteyeti Be patient, he's coming as quickly as he can!
Reply
Posted: Aug 5th 2011 9:27PM KillerSlinky said
@iceytoa1
C-c-c-combo breaker!
Dont come to the party if your not gonna play
Reply
C-c-c-combo breaker!
Dont come to the party if your not gonna play
Posted: Aug 5th 2011 4:24PM Midgetkicker said
There is an Elder Scrolls: Banana Explosion? I thought Skyrim was the next game. /confused
Posted: Aug 5th 2011 4:37PM darkbunny157 said
@Midgetkicker
I'm still trying to figure out what this post even means...
Reply
I'm still trying to figure out what this post even means...
Posted: Aug 5th 2011 4:25PM ChainSmoker said
Good job Bethesda. Just for this I will legit buy all your games.
Posted: Aug 5th 2011 6:03PM The Cole Train said
@ChainSmoker
Wow, just for that I will legit downvote you.
Reply
Wow, just for that I will legit downvote you.
Posted: Aug 5th 2011 4:25PM Tihn said
Tim Langdell's Edge all over again.
Sad Bethesda. Makes me want to skip out on your games in the future.
Sad Bethesda. Makes me want to skip out on your games in the future.
Posted: Aug 5th 2011 4:25PM Faenix said
Im confused, how can Bethesda sue over just the word "Scrolls"? I dont think anyone would mistake "scrolls" for "the elder scrolls".
Hell there games aint really known for "The Elder Scrolls" tis always "morrowing", "oblivion", and now "Skyrim" :/
Hell there games aint really known for "The Elder Scrolls" tis always "morrowing", "oblivion", and now "Skyrim" :/
Posted: Aug 5th 2011 4:25PM AltairArcanum said
Really Bethesda..?
Posted: Aug 5th 2011 4:25PM bxgt said
I love the hell out of Bethesda this is a step in the wrong direction.
Posted: Aug 5th 2011 4:26PM yoshinatsu said
This, I didn't expect...
Posted: Aug 5th 2011 4:26PM BigE4284 said
He's not being sued. He's just received a cease and desist letter.
Posted: Aug 5th 2011 4:26PM Andrew12h said
What's next, suing over a game which uses the letters: A, E, I, O, U, and sometimes Y?
Posted: Aug 5th 2011 4:36PM Midgetkicker said
@Andrew12h
I'm suing you for having letters in your name that are clearly in my own.
Reply
I'm suing you for having letters in your name that are clearly in my own.
Posted: Aug 5th 2011 4:27PM Special Agent Bob said
Really
Posted: Aug 5th 2011 4:27PM NaeemTHM said
They wanted to know more about the 'Scrolls' trademark we were applying for, and claimed it conflicted with their existed trademark 'The Elder Scrolls.'
Hmmm...on the one hand Bethesda clearly warned Notch. On the other hand it seems like Bethesda purposely stopped caring about the ordeal until Notch made his millions.
Hmmm...on the one hand Bethesda clearly warned Notch. On the other hand it seems like Bethesda purposely stopped caring about the ordeal until Notch made his millions.
Posted: Aug 5th 2011 4:51PM obliriovrons said
@NaeemTHM lol yeah Notch was in really dire financial straits six months ago...
Reply
Posted: Aug 5th 2011 4:27PM Drago Dracini said
... So is this Bethesda being Dbags or their lawyers being Dbags? This isn't really that valid of a lawsuit, the name is simply "Scrolls".It has obviously nothing to do with the name Elder Scrolls. Why would this ever be a valid lawsuit? Someone more educated in law will probably explain... but I don't see this lawsuit ever going through the courtroom, and I don't see Bethesda winning.
But really, how does the name "Scrolls" a card game, infringe on the "Elder Scrolls" games, a massive RPG.
But really, how does the name "Scrolls" a card game, infringe on the "Elder Scrolls" games, a massive RPG.
Posted: Aug 5th 2011 4:29PM KiDPANDA said
Theres so many Scrolls game coming out, it boggles the mind. Which seat should i take?
Im glad Bethesda is doing the right thing in filtering out a diluted market full of games using the Scrolls name.
Im glad Bethesda is doing the right thing in filtering out a diluted market full of games using the Scrolls name.
Posted: Aug 5th 2011 4:30PM Jerkfish said
Threatening to sue is not suing. Kind of a sensationalized headline if you ask me. Also before everyone starts drafting their Skyrim boycott webpages, remember that Bethesda's legal team is not Bethesda's development team.
Posted: Aug 5th 2011 4:44PM Jerkfish said
@McPo I'm not defending Bethesda's legal team at all for this. It's a stupid claim on their part. I'm just saying this articles headline is sensationalist. Nobody is being sued right now.
As for the boycott, I don't think an ineffective threat to not buy a game that is going to sell amazingly well is going to do anything regarding this. The bad press alone will do all the work.
Reply
As for the boycott, I don't think an ineffective threat to not buy a game that is going to sell amazingly well is going to do anything regarding this. The bad press alone will do all the work.
Posted: Aug 5th 2011 4:49PM Jerkfish said
@McPo Found the mix up. This article claims that they'll sue IF Mojang doesn't stop using the name. Notches post doesn't mention any ultimatum. They really said that they intend to sue Mojang:
" I got a 15 page letter from some Swedish lawyer firm, saying they demand us to stop using the name Scrolls, that they will sue us (and have already paid the fee to the Swedish court), and that they demand a pile of money up front before the legal process has even started."
"they will sue us" and "they will sue us if" are very different situations.
Reply
" I got a 15 page letter from some Swedish lawyer firm, saying they demand us to stop using the name Scrolls, that they will sue us (and have already paid the fee to the Swedish court), and that they demand a pile of money up front before the legal process has even started."
"they will sue us" and "they will sue us if" are very different situations.
Posted: Aug 5th 2011 4:51PM Scuffles said
@Jerkfish
Threatening to sue is the first step in trying to strong arm your competition. Most of these types of cases never go to court because one side can't afford the legal hassle so they cave.
The next step is suing if you can't scare em into yielding.
Either way tho Bethesda just lost some serious cred with me. Even if it is just their legal department going off on a tangent .... it is the company job to keep them in check.
Reply
Threatening to sue is the first step in trying to strong arm your competition. Most of these types of cases never go to court because one side can't afford the legal hassle so they cave.
The next step is suing if you can't scare em into yielding.
Either way tho Bethesda just lost some serious cred with me. Even if it is just their legal department going off on a tangent .... it is the company job to keep them in check.
Posted: Aug 5th 2011 10:24PM Super Nintendo Chalmers said
@McPo
So we should boycott the Bethesda legal team??
Reply
So we should boycott the Bethesda legal team??
Posted: Aug 5th 2011 4:33PM Vidaluko said
So I cant never name a game The Scrolls of ancient Time? Is time copyrighted? Ancient too? My new game: The of
Posted: Aug 5th 2011 4:38PM MEMgrizzlies7 said
@Vidaluko
See now you're gonna be sued by Bethesda for Scrolls and Nintendo for Time (Ocarina of Time man...)
Reply
See now you're gonna be sued by Bethesda for Scrolls and Nintendo for Time (Ocarina of Time man...)
Posted: Aug 5th 2011 4:34PM Hookah said
Not you too Bethesda...
Posted: Aug 5th 2011 4:35PM McPo said
Shame ID has to work for these people, Ill give them 5 Days to drop this or no RAGE for me (Was on the fence).
Posted: Aug 5th 2011 4:35PM CaptainProtonX said
Bethesda is pissed someone out there made a game infinitely more appealing than horse armor.
Time to fireup the "Sue-o-Matic"
Time to fireup the "Sue-o-Matic"
Posted: Aug 5th 2011 4:40PM Acosta02 said
So nobody is actually doing any suing. Pretty odd, considering the title. Well, I'm sure the misleading title is an accident and not a way to stir shit up.







