Mojang wins interim injunction battle, can keep using 'Scrolls' name for now

by Justin McElroy on Oct 18th 2011 8:55AM

As ZeniMax and Mojang begin their back alley knife fight, it seems that Notch and Co. has drawn first blood. The indie studio won the right to continue to use the "Scrolls" name -- which Bethesda claims infringes on its Elder Scrolls copyright -- until the case goes to trial. The decision, as Notch pointed out in his Twitter feed, can still be appealed by Bethesda parent company ZeniMax.

Should that go badly, we've prepared some less contentious names that will still really irritate Bethesda.

Gloom
FRUSTRATION
Tectonic Event Arena Live
Remaining Radioactive Material 3
Edge
Slippery
Rogue Warrior (note: Bethesda will probably let this one slide)
Breeders Cup World Thoroughbred Championships (note: ditto)
Remaining Radioactive Material: New Atlantic City

Tags: bethesda, elder-scrolls, legal, Mojang-Specifications, notch, scrolls, zenimax-media

Reader Comments (69)

I would play all of those altered games listed. Especially if it came with a Gyp-Girl 9000 armband pre-order bonus for REMAINING RADIOACTIVE MATERIAL: NEW ATLANTIC CITY. :D

Good news!

@DeadDreamer

http://www.youtube.com/watch?v=1D1cap6yETA

@DreamingDarkly Good news indeed!

Well Bethesda totally really didn't want to sue Mojang, so I'm glad that worked out for them.

@oxfordfishsalon
BUT THEY DID. Just because Pete Hines said it doesn't give them a free pass. I assumed this was a big misunderstanding with an overzealous Bethesda lawyer, or even an overzealous Zenimax lawyer (which would have made more sense). I'm glad that Bethesda has been put in their place. The real test is whether or not they appeal - if they don't, then the whole thing was a show for Zenimax to say they tried, but if they do, they won't have my sympathy.

@oxfordfishsalon

"Well Bethesda totally really didn't want to sue Mojang"

how the hell did that make any sense? better yet how does that make Bethesda any better/right?

Bethesda didn't want Mojang to use SCROLLS, it didn't *SUE* them not to use them name, it just took them to court. If Mojang put the game out then you can bet Bethesda would have sued Mojang in a heartbeat.

Just because Bathesda is making SKYRIM does not make them any better in this situation. I just wished people would actually used their brain for thoughts and opinions rather then "they make Elder Scrolls, they be good company"

@ch3burashka I hope this was enough to show that they are willing to protect their trademark. If fits the requirement that trademark laws force upon them, then they shouldn't go on any further. If it doesn't then they better go further.

@oxfordfishsalon

It still makes little sense to me. If they didn't want to sue, they should not have sued. Yeah, you need to defend your copyright and blah blah blah. But seriously, as many others have noted, almost no one actually calls it "The Elder Scrolls" anyway. Even if they completely lost "The Elder Scrolls" from the titles of their games, it would make almost no difference. Marrowind, Oblivion, and Skyrim are all strong enough names among the gaming community.

@PR0F3TA
The same argument can be made of "Notch is an indie, so his side must be right!" or "Bethesda is a big company, therefore they are trying to put down the little guy!"

I'm fairly tired of everyone flocking to defend Notch when we only see his side of the debate because he won't stop posting it on Twitter. Bethesda has a legitimate complaint. Notch used a very nebulous name, and it bares similiarity to an established franchise. This practice is used constantly in Hollywood, look up Asylum Films, the company behind such crap as Transmorphers. A movie they make money of off by preying on ignorance of consumers.

We don't have the full story from both sides, so trying to rally to Notch's defense is naive at best, arrogant at worst. Bethesda is not telling their whole story.

@Jennacide This. Bethesda just doesn't have someone flapping off anytime they can get. And basically, I know from a fact that the US at least tends to favor the little guy in every. single. thing. forgetting that Bethesda once started out pretty small as well once upon a time.

@ch3burashka

sarcasm brahs

earlier Bethesda released some press about how bad they feel about suing Mojang and it was a hilarious failure like the rest of this fiasco

Suck it Bethesda

@OmgUmad

like i said above, if they made COD your comment would have been upvoted.

but they are making Skyrim so they can get away with being just as assholey as Activision.

@stiqlol
Love the Michael Jackson comment. Reminds me of how my dad summed up Jackson. "He was a great entertainer, and then he got weird."

I would've been surprised if it wound up some other way.

@Faceless Troll

Well, the only trouble being that Notch is nowhere near the nice guy he's made himself out to be, and the fact that he's now going to turn this around as a countersuit against Bethesda, over their owning of the title The Elder Scrolls.

This is the same guy who wants to make each Minecraft update and feature (Including a mod API) a paid feature, and to make Minecraft so graphically intense that it will be on par with Crysis 3 in terms of "What the hell I will never be able to run this"

@Copybass Ah jeez zombies Being nice doesn't really have anything to do with being right. Especially in court.

@Copybass Ah jeez zombies
You know what... I don't think a single thing you just said is true o.o

@Copybass Ah jeez zombies Yeah, I love how no one understands anything on this sort of law, but basically chimes in. My girlfriend is a lawyer, and as she's explained to me multiple times- Mojang has the keys to the kingdom- they can sue Bethesda(I know people love to believe Notch is this angelical figure who can do no wrong, but Bethesda is not in the wrong for covering their ass) and trademark dilution, meaning, once a common word has been TMed, other TMs and even THE COMPANY THAT TOOK OUT SUCH A TM suffer since the trademark gets so nebulous and convoluted that it means and is worth absolutely nothing. Don't know why Bethesda would wanna protect one of their flagship titles, they're apparently SO evil. /sarcasm

I'd love to see Notch's face if someone tries to copyright "Mine" or "Craft".

@OrangeGamer Make that TRADEMARK "Mine" or "Craft" making his Minecraft TM worthless and diluted.

@KaBob799

You know what? You don't even read stuff about games you buy. You ARE the stupid consumer that they are having this entire court battle about.

We will also change the license to remove the line that promises all future versions of the game for free. Please note that this change only affects people who buy the game after December 20, so if you got the game for during alpha, you will still get all future updates for free, despite this change. A promise is a promise.
Buying the game during beta will include all updates up until release, of course, and bug patches will be free.

http://notch.tumblr.com/post/2175441966/minecraft-beta-december-20-2010

I'd go with Edge for the double-whammy. I'm sure Tim Langdell would jump at the chance.

@Skorpeyon

Langdell's jumpin' days are over.

@Skorpeyon Edge Scrolls is what Mojang's next game should be called. That would really set off some fireworks.

@koehler83

Awww, really? That's a bummer. That was some entertaining shit.

@Skorpeyon Scratch that. I'd call the game 'Scroll Edge'.

@FinalFantasyXIIIsucks Scroll Edge would probably get Namco involved too.

It's great to hear that someone has some common sense! I really hope that this is the beginning of the end of this stupidity.

@FinalFantasyXIIIsucks

The only stupidity is that people are still supporting Notch after he tried to make a joke out of copyright law.

@FinalFantasyXIIIsucks

Love the language, really brings your point home when your argument results in anger and name-calling.

Now let's sit down and think here. Notch says he wants to have FULL right to the word Scrolls.

Oh but Bethesda doesn't like that, since they used the word Scrolls.

But you say that's fine, because nobody should have the right to a word.

But Notch wants the right to the word Scrolls.

Your argument sure is solid there. Keep going, and next time use more offensive speech!

Please show me where you've read that Notch wants the full rights to the word Scrolls, dick wad.

@Copybass Ah jeez zombies

Isn't it technically a trademark dispute, rather than copyright? Which, as I understand it, is an important distinction. Also, I believe Mojang's trademark was declined, while Bethesda continues to pursue them.

...As an addendum, through the entirety of these comments, you're peppering your reasonable arguments with pointless insults and belittling. I thought it was limited to the comment to which I'm replying, but it seems you're spreading your vitriol elsewhere as well. If you expect anyone to discuss things intelligently with you, I would advise avoiding the same insults you appear to take so personally.

@FinalFantasyXIIIsucks

The Scrolls Application is as follows:

Entertainment services in the form of electronic, computer and video games provided by means of the Internet and other remote communications device; internet games (non downloadable); organising of games; games (not downloadable) played via a global computer network; education and entertainment services in the form of cinematographic, televisual, digital and motion picture films, radio and television programs and shows; preparation, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs; entertainment services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device.

And you only called me a dick wad there. Please, more hateful angry speech next time.

@FinalFantasyXIIIsucks That's fairly simple. There's a huge difference between "copyright" (a fly) and "trademark" (a freaking tiger). Trademark carries ALL rights to that word. Take a Google walk, friend.

Edge? OOOOOOOOOOOOOH SHIT! Here comes Tim Langdell!

That was some really good advertising for Scrolls, all thanks go to ZeniMax.

@Kyrx
Funny how it ALWAYS works out that way. You'd think people would catch on by now.

Obviously that judge made a bullshit call. Here's hoping clearer heads win out in the end.

@Tinkus How so? I think the judge made a good decision. This whole lawsuit was stupid anyways.

@Tinkus
I cannot tell if you are being serious.

@Tinkus

No bullshit calls have been made yet, since this is an Interim injunction, and means literally nothing in a larger sense. It means for the time being, the name Scrolls can be used by Mojang, but the moment the RIGHT decision is made, that interim injunction will be torn up, and Notch will cry to the internet once more.

@GeraltRivia Unless something has changed, Mojang is essentially attempting to copyright the word "scrolls". Not just for the purpose of this game. This is why I think Zenimax should win. Mojang's copyright claim was incredibly far-reaching.

I can't wait to see how the legal battle pans out.

@Copybass Ah jeez zombies This raises an interesting scenario in my mind: Say Mojang releases Scrolls today. A year down the line, they lose the rights to the name. What happens?

@Tinkus

A very good question, and a good reason why this court case is FAR from over. This interim injunction is basically just a way for the Judge to say "Yes, you have a bit of a case against Zenimax, keep using the name until you figure out what new name you want to start using"

@Tinkus

It's pretty easy, it happened to Double Fine with Trenched: they lost a dispute over the name, and changed it too "Iron Brigade."

@TheBrainninja

Well; the question in this case being, what if they release Scrolls DURING their temporary injunction?

@Copybass Ah jeez zombies I think he should stop crying and work on finishing his FIRST game. Which I won't be buying over this, since he shouts his yap off about HURR DURR I LOVE PIRACY every minute, and then this mess without even presenting a finished product. *facepalm*

It's nice to see someone stand up to this kind of corporate bullying. I guess they forgot that Notch isn't the "little guy" any more and has like a hundred zillion dollars from selling Minecraft.

@Roto13 Bingo. I know at least in the US, championing the "little" guy becomes more important than any sense of reason, or doing any basic knowledge into the conflict in the law department. Trademarks are pretty much an end-all be-all for IP.

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Mojang wins interim injunction battle, can keep using 'Scrolls' name for now

Reader Comments (69)

Posted: Oct 18th 2011 9:01AM foxhound said

Posted: Oct 18th 2011 9:02AM DeadDreamer said

Posted: Oct 18th 2011 10:01AM DreamingDarkly said

Posted: Oct 18th 2011 11:49AM slickie said

Posted: Oct 18th 2011 9:12AM oxfordfishsalon said

Posted: Oct 18th 2011 10:24AM ch3burashka said

Posted: Oct 18th 2011 12:16PM PR0F3TA said

Posted: Oct 18th 2011 12:19PM SThompson said

Posted: Oct 18th 2011 3:46PM DaDiddles said

Posted: Oct 18th 2011 4:50PM Jennacide said

Posted: Oct 18th 2011 7:47PM OrangeGamer said

Posted: Oct 18th 2011 10:27PM oxfordfishsalon said

Posted: Oct 18th 2011 9:13AM OmgUmad said

Posted: Oct 18th 2011 12:18PM PR0F3TA said

Posted: Oct 18th 2011 7:05PM SThompson said

Posted: Oct 18th 2011 9:14AM Faceless Troll said

Posted: Oct 18th 2011 10:25AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 11:03AM Faceless Troll said

Posted: Oct 18th 2011 4:19PM KaBob799 said

Posted: Oct 18th 2011 7:53PM OrangeGamer said

Posted: Oct 18th 2011 7:54PM OrangeGamer said

Posted: Oct 19th 2011 9:55AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 9:14AM Skorpeyon said

Posted: Oct 18th 2011 9:16AM koehler83 said

Posted: Oct 18th 2011 9:16AM FinalFantasyXIIIsucks said

Posted: Oct 18th 2011 9:17AM Skorpeyon said

Posted: Oct 18th 2011 9:18AM FinalFantasyXIIIsucks said

Posted: Oct 18th 2011 11:37AM slickie said

Posted: Oct 18th 2011 9:14AM FinalFantasyXIIIsucks said

Posted: Oct 18th 2011 10:26AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 11:04AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 11:41AM FinalFantasyXIIIsucks said

Posted: Oct 18th 2011 11:49AM TheBrainninja said

Posted: Oct 18th 2011 11:58AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 7:56PM OrangeGamer said

Posted: Oct 18th 2011 9:15AM CaptainProtonX said

Posted: Oct 18th 2011 9:22AM Kyrx said

Posted: Oct 18th 2011 10:25AM ch3burashka said

Posted: Oct 18th 2011 9:34AM Tinkus said

Posted: Oct 18th 2011 9:42AM GeraltRivia said

Posted: Oct 18th 2011 10:03AM phillibuster said

Posted: Oct 18th 2011 10:29AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 10:34AM Tinkus said

Posted: Oct 18th 2011 10:38AM Tinkus said

Posted: Oct 18th 2011 11:00AM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 11:50AM TheBrainninja said

Posted: Oct 18th 2011 12:02PM Copybass Ah jeez zombies said

Posted: Oct 18th 2011 7:58PM OrangeGamer said

Posted: Oct 18th 2011 9:46AM Roto13 said

Posted: Oct 18th 2011 8:00PM OrangeGamer said

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