Ok this is Trademark, not Copyright. You can't Copyright a Trademark.
And no, The is generic so you can never trademark it alone. And I also believe "scrolls" is generic too, so they shouldn't be able to trademark it either (Both Notch and Bethesda).
A combination mark, however, can be consisted of several generic, non-TMable words and become a trademarkable name - such as "The Elder Scrolls" when the 3 words are used together.
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I'm pretty sure Notch and his lawyers don't need any help from his fans.
Besides this case is paper thin and isn't going to hold up in any sane court.
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and have already paid the fee to the Swedish court
I dunno how they do it in Sweden, but usually in the US we pay the court when we file a complaint..which starts a lawsuit..
Maybe in Sweden you pay the court every time you send a letter.
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came here to say this, I'm glad someone's already said it.
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Here we I am going to post this here because people look for your replies.
Here it is in dumbed down speak.
Company 2 has to do this to enforce their claim otherwise in future lawsuits company 2 has no standing ground ie Company 3 can come along and call their game Elder Scrolls: The Awakening then during a trademark lawsuit Company 3 can say that Company 2 allowed Company 1 to get away with a similar sounding name and therefore Company 2 has no interest or claim with the trademark.
http://en.wikipedia.org/wiki/Trademark#Maintaining_rights
Trademarks rights must be maintained through actual lawful use of the trademark. These rights will cease if a mark is not actively used for a period of time, normally 5 years in most jurisdictions. In the case of a trademark registration, failure to actively use the mark in the lawful course of trade, or to enforce the registration in the event of infringement, may also expose the registration itself to become liable for an application for the removal from the register after a certain period of time on the grounds of "non-use".
You see it is all legal, it is law and it is required to enforce the trademark otherwise the trademark can be seen as null and void. Bullying? maybe, but that is the law.
TBH in the eyes of the court no matter how silly it may seem Mogang (Notch or no Notch) who then tried to request a trademark claim for Scroll are at fault for not checking whether that trademark infringed the rights of other trademark holders.
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Yes and no...
You are making a legal conclusion here that "Scrolls" is infringing on "The Elder Scrolls". It may not be (which is my opinion). Just because you are the first to use a name does not mean you own exclusive right to that name. Apple used "Appstore" first and now loses this trademark is a very good example.
A trademark is something that identifying and distinguishing a single source. Bethesda has TM rights in "The Elder Scrolls", but since the purpose of trademarks are for identifying and distinguishing a single source, unless they can show that "Scrolls" along triggers "The Elder Scrolls" in average gamer consumer's mind, they do not own the word "Scrolls".
How many of you think of The Elder Scrolls everytime you see the word or pick up a scroll in-game? I do not.
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well I suppose we should all follow your intuition because you obviously know the ins and outs of the intricacies that is copyright and trademark laws
http://en.wikipedia.org/wiki/Genericized_trademark
Which category do you think it falls into?
Whether it is your opinion or not Zenimax has been able to successfully stage a claim against Mojang. So Whether you think it is right or wrong or frivolous or not its happened so Mojang is in the wrong for not going through the correct procedure to ensure that they were not infringing on any trademark claims.
What will happen from here is this... lawyer representing Mojang will meet with lawyers representing Bethesda and will come to an agreement. At the very worst Mojang will have to change the name of Scrolls to avoid a suit.
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Even if you don't like Minecraft/Notch, you should be annoyed by yet another frivolous legal preceding wasting money and time. This is like that company that sued over the word Edge that screwed with a few indie games as well as big games like EA's Mirror's Edge. Totally unaccounted for and mostly motivated by greed.
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I just copyrighted your name and I'm going to sue you for everything you've got.
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I remember that old Donald Duck comic where He and teh crazy inventor (i forgot teh name) are in front of the patent office.
Scrooge comes out and telle them he just got a patent for hot water and they should start showering cold unless they wanna pay him. Donald whispers to teh inventor "Why doesnt he just get a patent on air?"
Scrooge hears it, turns around, walks back in while telling the two to better start holding their breath.
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Just because its in another country doesn't mean its a scam.
Madrid Protocol allows for international trademark rights so you could enforce it in any of the treaty countries.
Also please don't confuse trademark with copyright
Unlike what most of the news reporter believes, you can't "Copyright" a "Trademark"..because they are not the same thing. Bethesda have a Trademark in the name "The Elder Scrolls" and have a Copyright in the game itself, not the name.
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