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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.

Spekinguron Aug. 5, 2011 at 12:18 p.m.

Bad news this is.

LiquidPenguinson Aug. 5, 2011 at 12:18 p.m.

it's about time someone showed these indie guys who the real boss is

beef_melodyon Aug. 5, 2011 at 12:20 p.m.
Can't help noticing Zenimax is very similar to Maxis. Lawyers?
Warchiefon Aug. 5, 2011 at 12:20 p.m.

Seriously Bethesda?

SpunkyHePanda is online on Aug. 5, 2011 at 12:20 p.m.
Buuuullshit.
RustySpoonon Aug. 5, 2011 at 12:21 p.m.

How could something like this ever hold up? It's kind of absurd.

Mumrikon Aug. 5, 2011 at 12:21 p.m.
Fuck off Zenimax. That is some really stupid shit to be pulling. I guess Activision will be suing everyone who uses Black, Modern, Duty or Call?
 
It's not like he is calling his game The Elder Scroll or Scroll of the Elders or something like that.
MisterMolluskon Aug. 5, 2011 at 12:21 p.m.
I'm gonna copyright the dictionary. Now NO ONE cane use my words.
A_Cute_Squirtle is online on Aug. 5, 2011 at 12:22 p.m.
I need to see a Banana Expansion to an Elder Scrolls game.
Milkmanon Aug. 5, 2011 at 12:22 p.m.

@Warchief said:

Seriously Bethesda?

Let's read.

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

mattjam3000on Aug. 5, 2011 at 12:22 p.m.

This is ridiculous. Trademarking is down right broken. No one person should hold the rights to the word "Scrolls," especially if the suit is based on the fact people will confuse this as an Elder Scrolls game. Its like saying Gears of War cant be used because it might be confused with Warhawk.

Edited for spelling, angrily written

MrMazzon Aug. 5, 2011 at 12:22 p.m.

thats a bummer hopefully this gets sorted out how do you confuse Scrolls with ELDER Scrolls? eh people are stupid sometimes but they sound like two different games

Sin4profiton Aug. 5, 2011 at 12:23 p.m.

just call it "Skrolls" and yer golden.

Seriously though, that's like saying "man" is a trademarked word just because it's in "Batman" ...the fuck?

Lukeweizeron Aug. 5, 2011 at 12:24 p.m.
@LiquidPenguins

it's about time someone showed these indie guys who the real boss is

Sorry, you can't say 'Indie', that relates to a series of purchasable game bundles. I'm going to have to sue you now.
Bumptonon Aug. 5, 2011 at 12:25 p.m.

Fuck Notch. You think you can just steal from Bethesda? Omg, whatadick.
JoeyRavnon Aug. 5, 2011 at 12:25 p.m.

@RustySpoonsaid:

How could something like this ever hold up? It's kind of absurd.

This. Not to mention, very ill-intentioned. Notch is not trying to capitalize on the success of the TES series, but Zenimax is totally trying to fuck him over.

@Mumrik said:

Fuck off Zenimax. That is some really stupid shit to be pulling. I guess Activision will be suing everyone who uses Black, Modern, Duty or Call?

Call of Black: Modern Duty. Go.

PhatSeeJayon Aug. 5, 2011 at 12:26 p.m.

Jesus Christ, God damned... >.<

Even funnier is one of the tweets that Notch RT'd:

@skulldaisygimp

@notch Called up a game shop, asked if they were taking preorders on "the new Elder Scrolls." He didn't know what it was 'til I said Skyrim.
jakson Aug. 5, 2011 at 12:26 p.m.
So does that mean ancient Egypt can file a cease and desist against Bethesda? What about the AARP for their obvious theft of the word "Elder"?
 
What a retarded attempt at a legal fishing expedition. 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.
gbradingon Aug. 5, 2011 at 12:26 p.m.
Call it Drenched in Europe... Wait, wrong game.
ryanwhoon Aug. 5, 2011 at 12:26 p.m.
I confuse God of War and Gears of War all the time because 2 of the words are the same. Are they in the same universe? How do they connect? Boy this sure is confusing. 

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