Something went wrong. Try again later

Giant Bomb News

184 Comments

Bethesda's Parent Company Tells Notch 'Scrolls' is Off-Limits

ZeniMax Media lawyers up over potential confusion of Scrolls and The Elder Scrolls.

Notch put up a picture of the paperwork he received from ZeniMax on his Twitter account.
Notch put up a picture of the paperwork he received from ZeniMax on his Twitter account.

If Markus "Notch" Persson has his way, Minecraft is only the beginning for his studio, Mojang AB. It's already working on Scrolls, a still-developing idea cribbing parts from board games and collectible card games. It may or may not be called Scrolls when it actually comes out, though.

ZeniMax Media, the parent company of Bethesda Softworks, has sent Persson a stack of paperwork regarding the Scrolls name, claiming potential for market confusion with its own The Elder Scrolls series.

To be clear: Bethesda the developer is not pursuing this, it's the company who owns Bethesda.

"Today, 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," said Persson on his Tumblr blog today. "I assume this is all some more or less automated response to us applying for the trademark. I sincerely hope Bethesda isn’t pulling a Tim Langdell."

This isn't the first time Persson has spoken to ZeniMax about this issue, he disclosed.

Persson applied for both the Minecraft and Scroll trademarks about six months ago as a precationary measure, even though Persson admits he's not a fan of trademarks in general.

"Better safe than sorry, and all that," he said.

ZeniMax then contacted Persson over the same issue at hand: confusion with The Elder Scrolls.

"I agree that the word 'Scrolls' is part of that trademark," he wrote, "but as a gamer, I have never ever considered that series of (very good) role playing games to be about scrolls in any way, nor was that ever the focal point of neither their marketing nor the public image."

The threat of a lawsuit wasn't something Persson took lightly, even if he concluded there wasn't a case. He actually proposed a compromise where Mojang AB wouldn't place any words in front of the name -- i.e. Scrolls: The Banana Expansion.

He's not aware if Zenimax ever responded to this proposal, but he does have the potential for a proper lawsuit brewing now.

"I love Bethesda," he said. "I assume this nonsense is partly just their lawyers being lawyers, and a result of trademark law being the way it is."

ZeniMax and Bethesda have not responded to my request for comment thus far.

Patrick Klepek on Google+

184 Comments

Avatar image for matfei90
Matfei90

1279

Forum Posts

5

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By Matfei90
@jaks said:
  How the fuck can you claim copyright to the word "Scrolls"? There needs to be legal repercussions for when lawyers fish like this. Shame on you, Bethesda.
Don't you people read the article? Zenimax, not Bethesda did this. Bethesda Game Studios has nothing to do with this action.
Avatar image for drebin_893
Drebin_893

3332

Forum Posts

1124

Wiki Points

0

Followers

Reviews: 1

User Lists: 3

Edited By Drebin_893

Kind of seems fair enough to me. It's not about trademarking "Scrolls", it's just about avoiding confusion in the marketplace,

Avatar image for mikemcn
mikemcn

8642

Forum Posts

4863

Wiki Points

0

Followers

Reviews: 2

User Lists: 8

Edited By mikemcn
@Drebin_893

Kind of seems fair enough to me. It's not about trademarking "Scrolls", it's just about avoiding confusion in the marketplace,

Theres no confusion, if you get The Elder Scrolls mixed up with a card game called Scrolls, your an idiot.
Avatar image for zombie_shakespeare
Zombie_Shakespeare

131

Forum Posts

140

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

@Mikemcn said:
@Drebin_893

Kind of seems fair enough to me. It's not about trademarking "Scrolls", it's just about avoiding confusion in the marketplace,

Theres no confusion, if you get The Elder Scrolls mixed up with a card game called Scrolls, your an idiot.
 
Not everyone can be as talented and intelligent as you apparently are.
 
Wacky happenings in video-game land abound. 
Avatar image for jimbo
Jimbo

10472

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By Jimbo

@Matfei90 said:

@jaks said:
How the fuck can you claim copyright to the word "Scrolls"? There needs to be legal repercussions for when lawyers fish like this. Shame on you, Bethesda.
Don't you people read the article? Zenimax, not Bethesda did this. Bethesda Game Studios has nothing to do with this action.

Splitting hairs. They all form part of the same organisation - there is no meaningful seperation.

Avatar image for wickedsc3
wickedsc3

1044

Forum Posts

51

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By wickedsc3

That is so stupid. I could see having a limit set at like 2 descriptive words, like Elder & Scrolls. But something like "The Scrolls" should be allowed.

Avatar image for matfei90
Matfei90

1279

Forum Posts

5

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By Matfei90
@Jimbo: Yes, but it's not like Todd Howard is sitting in his office with his panties in a bunch over what Notch is doing, it's the legal arm of the parent body.
Avatar image for majortoms
MajorToms

493

Forum Posts

2158

Wiki Points

0

Followers

Reviews: 2

User Lists: 3

Edited By MajorToms

This also reminds me of the time Spike Lee tried to sue the pants off of Spike TV for using his first name. There are too many uses of the word spike to be considered copyright. Spikes can be of many things.

Scrolls can be many things as well. For instance, a scroll is length of paper which may or may not be attached to some cylindrical weights. Scroll is also an action meaning to go across. In computer terms, you scroll up/down for the most part. Why is it now that word Scroll is being copyright claimed. I don't see this litigation getting anywhere.

It just opens a can of worms that ought not be open.

Avatar image for crono
Crono

2762

Forum Posts

-1

Wiki Points

0

Followers

Reviews: 23

User Lists: 6

Edited By Crono

I don't associate "Scrolls" with "The Elder Scrolls" in fact, I don't even think many gamers associate "The Elder Scrolls" with their respective games. I think of them as Daggerfall, Morrowind, Oblivion, Skyrim, etc...

Avatar image for gijswitkamp
gijswitkamp

2

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By gijswitkamp

hey ehm, wasn´t like morrowind, at least the world, based on something called  "dungeons and dragons" ?  
And Zenimax is being a b*tch about the word SCROLLS? 
 
haha /laughter

Avatar image for beforet
beforet

3534

Forum Posts

47

Wiki Points

0

Followers

Reviews: 1

User Lists: 2

Edited By beforet

@ShaneDev said:

A plausible theory I saw on Reddit is that Zenimax need to send this letter out to Notch to say "We care a lot about our copyright and franchises". It's apparently to make sure that if someone ever does come out with a fantasy game called "Scrolls of the Elders" that Zenimax can sue them and can prove that they previously defended their copyright. It would seem to fit with Notchs suspicion that it is simply automated lawyer work and that its not serious. Not my theory but it would make some sense since this seems to have come out of the blue.

You're right, except it's trademark, not copyright. It seems pedantic but there is a big difference. Notably, you don't need to defend or set a precedent for defending your copyright because that stuff is guaranteed. But you do need to do all of that for trademark. This whole thing is just Zenimax/Bethesda/whoever going through the motions. Like I said, this kind of shit probably happens all of the time. The only reason we know about this case is because Notch mentioned it on Twitter and people decided to blow it out of proportion.

Avatar image for selbie
selbie

2602

Forum Posts

6468

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By selbie

Elder Scrolls....more leik ELDER TROLLS ahahAHAHA.....*cough*

Avatar image for deactivated-57d3a53d23027
deactivated-57d3a53d23027

1460

Forum Posts

121

Wiki Points

0

Followers

Reviews: 3

User Lists: 5

EDGE

E D G E

S C R O L L S

SCROLLS

Also, I know this is Zenimax, but Notch had an interview with the director/producer of Bethesda. I was wondering if Elders Scrolls was going to get a bonus Minecraft token as their ten minute friendship was going so well. But a responsible parent should not want their child playing with foreigners that wear peculiar hats, and so they asked the headmaster of the school to send a letter to the little rascal telling him not to bring his cards to school if he was going to use the same name as was inscribed on the other's wooden sword. This upset the two recent friends, and the one with the cards wrote in the school newsletter about the headmaster's threat. Little card master decided that he had better change the name, he had no parents to support him, as he was an orphan. To ensure that they never do play together again, the parents paid the headmaster to threaten to expel little card master. All was not lost, the other children and their parents took notice and the nasty parents backed off because it would be quite a disaster if news spread ever more. Little card master continued to bring his cards and plastic bricks to school for the other children to play with, and boy with the pretend weapon secretly wished they could be friends, even though the foreign orphan was a bit weird, they shared some of the same visions. They were both great in their own ways, and have not brought their ultimate toy to school yet. Both children had amazing ideas of ways to play, and the other kids had more choices for play because the two were not allowed to play together. The boy with the pretend weapon had parents who could afford the remote control car, whereas the little card master had none, but they both never ran out of ideas to play. As an orphan, little card master was left to his own devices quite frequently, and this allowed him to sell lemonade at a significantly lower price than what the boy with the pretend weapon was allowed to, as his enterprising parents would tell him he would make more at a higher price point. Little card master's lemonade was significantly more popular as it was cheaper, and he eventually started making more money than the other boy, he even started selling lemonade that had not been made, creating a DIY system. Boy with the pretend weapon was forced by his parents to employ twenty other children to make the exact same lemonade, his stand's prices rose even more, as it now had to be split among the other twenty children. Boy with the pretend weapon wished he had as much as the little card master, but he wasn't jealous, and he was happy to be creating employment. Some of the clever children knew smaller teams were not just better for profits, but were better for quality of product, but they were quite confused as the boy with the pretend sword and his team made equally good lemonade as that made by the little card master. Word of mouth was little card master's way of advertising, but the boy with the pretend sword was told by his parents to cut into his profits to make cardboard signs that would be placed on every street sign.

I think I should write a book.

Avatar image for jimbo
Jimbo

10472

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By Jimbo

@Matfei90 said:

@Jimbo: Yes, but it's not like Todd Howard is sitting in his office with his panties in a bunch over what Notch is doing, it's the legal arm of the parent body.

Well yeah I was fucking about with the Todd Howard thing, obviously, but my point is that saying "Don't blame Bethesda, blame Zenimax!" is kinda dumb and splitting hairs. It doesn't really matter which company name the lawyers happen to have printed on their busines cards; they are acting to protect the organisation as a whole via protecting Bethesda's product. The legal team could just as easily have been working out of the Bethesda office if that's how the organisation had decided to structure itself and/or handle this issue.

It's like trying to defend a dude's foot because his foot had nothing to do with the murder he just committed. The seperate parts of this organisation are clearly far too interdependent (Zenimax lawyers acting in order to defend Bethesda's product in this case) for blame to be neatly assigned to one part alone. Somewhere within this organisation there is a structure or procedure (or overzealous employee) which has determined that somebody should throw down Tim Langdell style in order to protect the organisation as a whole - that shouldn't have happened, and imo, the organisation as a whole remains accountable for that until they walk it back (which I still think is likely) and fix whatever led them to believe this was a good idea in the first place.

Avatar image for jaks
jaks

257

Forum Posts

18

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By jaks
@Matfei90: 100% the same thing.
Avatar image for giovanni
GioVANNI

1318

Forum Posts

3

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By GioVANNI
@afrofools: I would read your book.
Avatar image for hobopants
Hobopants

2

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Hobopants
Jerry Bruckheimer is responsible for this travesty.  
Avatar image for hawker
Hawker

81

Forum Posts

2

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Hawker

"I agree that the word 'Scrolls' is part of that trademark," he wrote, "but as a gamer, I have never ever considered that series of (absolutely abysmal, pathetic excuses for) role playing games to be about scrolls in any way, nor was that ever the focal point of neither their marketing nor the public image."

Fixed the article for ya

Avatar image for eagles_band
eagles_band

163

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By eagles_band

Minecraft creator is a prick. 

Avatar image for attropheed
AttroPheed

24

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By AttroPheed

Just call it 'Call of Scrolly 4: Elder Combat Oblivionrim.'

Avatar image for sanious
Sanious

799

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By Sanious
@Hawker: How did you fix it? 
 
Your opinion is wrong and inferior. Go back to your cave and play your shitty caveman games.
Avatar image for sreya92
sreya92

229

Forum Posts

85

Wiki Points

0

Followers

Reviews: 1

User Lists: 0

Edited By sreya92
@AttroPheed said:
Just call it 'Call of Scrolly 4: Elder Combat Oblivionrim.'
Damn I wish i could like this about 1000 times
Avatar image for natetodamax
natetodamax

19464

Forum Posts

65390

Wiki Points

0

Followers

Reviews: 32

User Lists: 5

Edited By natetodamax

Todd Howard probably has a massive headache right now. I recall him saying in an interview (pretty darn sure it was him) that he hates dealing with lawyers and all other kinds of business crap, and that he just wants to make games.

Avatar image for koobz
koobz

431

Forum Posts

3093

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By koobz

@AttroPheed said:

Just call it 'Call of Scrolly 4: Elder Combat Oblivionrim.'
Avatar image for spaceinsomniac
SpaceInsomniac

6353

Forum Posts

42

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By SpaceInsomniac

People ask, "Should we?"  Lawyers ask, "Can we?"

Avatar image for kollay
kollay

2170

Forum Posts

49

Wiki Points

0

Followers

Reviews: 0

User Lists: 6

Edited By kollay

Wait.

That series isn't tied to actual scrolls?

Avatar image for kujel
Kujel

31

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By Kujel

I enjoy the games Bethesda makes but I think they're being total D-bags about the word "scrolls", I know I wouldn't confuse his game with their series.

Avatar image for probablytuna
probablytuna

5010

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By probablytuna

I hate news like this.

Avatar image for herbiebug
HerbieBug

4228

Forum Posts

43

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By HerbieBug

Bethesda has zero case.  This is stupid. 

Avatar image for thedudeofgaming
TheDudeOfGaming

6115

Forum Posts

47173

Wiki Points

0

Followers

Reviews: 6

User Lists: 1

Edited By TheDudeOfGaming

Oh Bethesda, i can't stay mad at you, especially since you have a tight grip on my "gamer balls" with you owning the rights to Fallout and everything.

Avatar image for xymox
xymox

2422

Forum Posts

2520

Wiki Points

0

Followers

Reviews: 7

User Lists: 8

Edited By xymox

Well, honestly, I'm surprised he's gotten away with Minecraft.  

Avatar image for dagas
dagas

3686

Forum Posts

851

Wiki Points

0

Followers

Reviews: 1

User Lists: 8

Edited By dagas

Scrolls is just part of the name. Does that mean you cannot have 'Elder' or 'The' in your game's name too?

Avatar image for fripplebubby
fripplebubby

1058

Forum Posts

5

Wiki Points

0

Followers

Reviews: 1

User Lists: 1

Edited By fripplebubby

The guys who are making Skyrim have zero say in this, don't take it out on them. Also, not Bethesda. This is Zenimax suing. 

Avatar image for cessate
Cessate

20

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By Cessate
I'm so confused already. Which game is which? Where am I? Am I getting sued? Where's my pie? I need an adult....
Avatar image for tebbit
tebbit

4659

Forum Posts

861

Wiki Points

0

Followers

Reviews: 3

User Lists: 6

Edited By tebbit

Lorne Lanning: "Hello, who is this?"

Unknown voice: "Hi there, you asshole! We represent the Penguin Classics series, and we'd like to talk to you about your game, Oddworld, Abe's Oddysee".

Lorne Lanning: "Wut?"

Penguin Classics: "We've found that 'Oddysee' is just a little too similar to our book, Homer's "Odyssey", and we would like to request that you fuck right off with that name. Maybe you should try 'Abe's Journey' or 'Abe's significant misadventures'. Bye!

*PHONE HANGING UP NOISE*

Meanwhile, at Penguin...

*RING RING*

Penguin Classics: "Hello?"

Unknown Voice: "Hey jack-off, we've from 20th Century Fox and we want to remind you that Homer is a registered trademark of Gracie Films, and if you don't change your book's name to Dave's 'The Odyssey', we're gonna send a guy over to beat your ass to death with a shovel!"

*PHONE HANGING UP NOISE*

Avatar image for seriouslynow
SeriouslyNow

8504

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By SeriouslyNow

Zenimax and Bethesda are the same business is all but name - they were funded and are owned by the same key people and this is about a Bethesda brand name franchise. Notch might be trying to avoid drama by separating the Bethesda name away but this is definitely an issue which rests at Bethesda Games feet. If we were talking about an id property this discussion would be a different matter entirely.

Avatar image for loggerrythm
LoggerRythm

191

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By LoggerRythm

"Scrolls." 
 
There.      I just cost Bethesda Billions in dollars by typing that.

Avatar image for fisk0
fisk0

7321

Forum Posts

74197

Wiki Points

0

Followers

Reviews: 0

User Lists: 75

Edited By fisk0  Moderator

@dagas said:

Scrolls is just part of the name. Does that mean you cannot have 'Elder' or 'The' in your game's name too?

I wonder what Lovecraft and the whole Mesopotamian people would've had to say about this. Elder Scrolls is clearly an infringement on Elder Gods

Avatar image for jamesisaacs
jamesisaacs

228

Forum Posts

288

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By jamesisaacs

There will be no confusion when people go to buy The Elder Scrolls over some crappy game that might be called Scrolls!

Avatar image for meierthered
MeierTheRed

6084

Forum Posts

1701

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By MeierTheRed
@jamesisaacs said:
There will be no confusion when people go to buy The Elder Scrolls over some crappy game that might be called Scrolls!
Who says its a crappy game? some people might find it more attractive than an Elder Scrolls game.
Avatar image for zymbo
zymbo

87

Forum Posts

0

Wiki Points

0

Followers

Reviews: 4

User Lists: 0

Edited By zymbo

This is why we need a serial killer to exclusively focus on lawyers...

Avatar image for ch3burashka
ch3burashka

6086

Forum Posts

100

Wiki Points

0

Followers

Reviews: 0

User Lists: 3

Edited By ch3burashka

I also immediately thought of Langdell. However, he was a single asshole; it's hard to imagine such an assholeish decision passed through the entire company and no one stopped it in its tracks and called it on its bullshit.

Avatar image for sungahymn
sungahymn

1192

Forum Posts

65

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By sungahymn
@Tebbit said:

Lorne Lanning: "Hello, who is this?"

Unknown voice: "Hi there, you asshole! We represent the Penguin Classics series, and we'd like to talk to you about your game, Oddworld, Abe's Oddysee".

Lorne Lanning: "Wut?"

Penguin Classics: "We've found that 'Oddysee' is just a little too similar to our book, Homer's "Odyssey", and we would like to request that you fuck right off with that name. Maybe you should try 'Abe's Journey' or 'Abe's significant misadventures'. Bye!

*PHONE HANGING UP NOISE*

Meanwhile, at Penguin...

*RING RING*

Penguin Classics: "Hello?"

Unknown Voice: "Hey jack-off, we've from 20th Century Fox and we want to remind you that Homer is a registered trademark of Gracie Films, and if you don't change your book's name to Dave's 'The Odyssey', we're gonna send a guy over to beat your ass to death with a shovel!"

*PHONE HANGING UP NOISE*

Awesome.
Avatar image for diablos1125
Diablos1125

190

Forum Posts

0

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By Diablos1125

Scrolls sounds too similar to Skrulls. Someone get Marvel on this!

Avatar image for monkeyking1969
monkeyking1969

9095

Forum Posts

1241

Wiki Points

0

Followers

Reviews: 0

User Lists: 18

Edited By monkeyking1969

You know what I see ZeniMax's point. This guy makes sprawling open worlds. He is making something similar to an RPG evidently. In addition, he wants to call it Scrolls.

I would say to Markus "Notch" Persson, "Really dude, you are so married to the word Scrolls that you simply have to use it?" If I got that letter from Zeni might have proposed what he said he proposed, but I also might have said, "Yup, what I'm thinking about might hit too close for the corporate world to feel comfortable. Just call the game Scripture or Scriptorium. Both of which are BETTER NAMES! Thank me later Notch, you can have those names for free.

Avatar image for christoffer
Christoffer

2409

Forum Posts

58

Wiki Points

0

Followers

Reviews: 0

User Lists: 2

Edited By Christoffer

I would encourage Notch to fight for the name "Scrolls" if it wasn't for the fact that it's a pretty lousy title. And on top of that, changing it wouldn't cause any brand recognition setbacks since people bareley knows what the game is about or how it looks. Go with something more unique and recognizable.

Avatar image for zeus_gb
zeus_gb

637

Forum Posts

120762

Wiki Points

0

Followers

Reviews: 8

User Lists: 5

Edited By zeus_gb

This is stupid!  How is anyone going to confuse two different games.  I know the difference and that's good enough for me!

Avatar image for shimastu
Shimastu

54

Forum Posts

0

Wiki Points

0

Followers

Reviews: 19

User Lists: 0

Edited By Shimastu

I can kinda understand why they are doing this. I mean Elder scrolls is their money maker and skyrim is coming out. Any threats must be eliminated! lmao

Avatar image for sthusby
sthusby

449

Forum Posts

68

Wiki Points

0

Followers

Reviews: 0

User Lists: 0

Edited By sthusby
@Shimastu said:
I can kinda understand why they are doing this. I mean Elder scrolls is their money maker and skyrim is coming out. Any threats must be eliminated! lmao
Fallout is actually their money maker. That (those) game(s) sold really well.
Avatar image for laugurinn
laugurinn

77

Forum Posts

40

Wiki Points

0

Followers

Reviews: 0

User Lists: 1

Edited By laugurinn

worst PR stunt ever