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13 years ago*

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Sure, Bethesda can have the combination mark "Elder Scrolls", but I doubt the court will find that extends protection to generic words in the genre, like, "Scrolls". we shall see...

13 years ago
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Whats next? "the" being copyrighted?

13 years ago
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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.

13 years ago
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With the video you are trying to get LoL sued as well.

13 years ago
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he did say scrolls after all

13 years ago
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I do not care, I don't play any games by notch and don't plan to. :P

13 years ago
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+2

13 years ago
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Why are you posting then =.= We do not care about non-constructive comment.

btw you're missing a lot.

13 years ago
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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.

13 years ago
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But he only has tens of millions of dollars! We need to give him our support or he'll never make it through! :O

13 years ago
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Someone who actually understands....congrats.

13 years ago
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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.

13 years ago
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came here to say this, I'm glad someone's already said it.

13 years ago
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I relaly couldn't give a damn about notch.

13 years ago
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I actually agree with Zenimax here.

13 years ago
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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 1 tries to file a trademark that sounds and looks like company 2
  • Company 2 has trademark lawyers that do the job they are payed to do, notices similar trademark being registered by Company 1, the lawyers of Company 2 (being payed what they are payed to do) send a letter requiring Company 1 to cease all claim action
  • Company 1 argues that their trademark though similar is nothing like Company 2's
  • Lawyers from Company 1 & 2 meet up and agree that no harm is done and the suit is removed

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.

13 years ago
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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.

13 years ago
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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

  • "Arbitrary": having no meaning as to the nature of the product
  • "Fanciful" or "coined": original and having little if any reference to the nature of the product or service
  • "Suggestive": having primarily trademark significance but with suggestion as to nature of product
  • "Descriptive": not just suggesting, but actually describing the product or service yet still understood as indicating source
  • "Merely descriptive": having almost entirely reference to the product or service but capable of becoming "distinctive".

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.

13 years ago
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"Here we I am going to post this here because people look for your replies."

Cult! You have street cred!

13 years ago
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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.

13 years ago
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Edge Games....They really aren't known for any big games, just their lawsuit. Which by the way rumor has it they are creating a game called Mirrors.

13 years ago
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I just copyrighted the word "gift". Everyone now owes me money.

13 years ago
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I just copyrighted your name and I'm going to sue you for everything you've got.

13 years ago
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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.

13 years ago
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The uneducated masses unite and completely blow this out of proportion!

13 years ago
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Why the hell would a Swedish company be making legal threats to Mojang?

Is this company connected to Bethesda or Zenimax?

If not, it's scammers. Seems obvious to me.

13 years ago
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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.

13 years ago
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Closed 13 years ago by chaosquall.