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    The Elder Scrolls is a long-running franchise of role-playing games made by Bethesda Softworks. The series is known for offering much freedom to the player and many choices of how to play.

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

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    Avatar image for patrickklepek
    patrickklepek

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    Edited By patrickklepek
    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.

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    patrickklepek

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    #1  Edited By patrickklepek
    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.

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    spekingur

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    #2  Edited By spekingur

    Bad news this is.

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    LiquidPenguins

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    #3  Edited By LiquidPenguins

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

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    beef_melody

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    #4  Edited By beef_melody

    Can't help noticing Zenimax is very similar to Maxis. Lawyers?

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    warchief

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    #5  Edited By warchief

    Seriously Bethesda?

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    SpunkyHePanda

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    #6  Edited By SpunkyHePanda

    Buuuullshit.

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    rustyspoon

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    #7  Edited By rustyspoon

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

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    Mumrik

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    #8  Edited By Mumrik

    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.

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    MisterMollusk

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    #9  Edited By MisterMollusk

    I'm gonna copyright the dictionary. Now NO ONE cane use my words.

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    A_Cute_Squirtle

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    #10  Edited By A_Cute_Squirtle

    I need to see a Banana Expansion to an Elder Scrolls game.

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    Milkman

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    #11  Edited By Milkman

    @Warchief said:

    Seriously Bethesda?

    Let's read.

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

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    mattjam3000

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    #12  Edited By mattjam3000

    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

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    MrMazz

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    #13  Edited By MrMazz

    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

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    Sin4profit

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    #14  Edited By Sin4profit

    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?

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    Lukeweizer

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    #15  Edited By Lukeweizer
    @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.
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    Bumpton

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    #16  Edited By Bumpton

    Fuck Notch. You think you can just steal from Bethesda? Omg, whatadick.
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    JoeyRavn

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    #17  Edited By JoeyRavn

    @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.

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    PhatSeeJay

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    #18  Edited By PhatSeeJay

    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.
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    jaks

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    #19  Edited By jaks

    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.

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    gbrading

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    #20  Edited By gbrading

    Call it Drenched in Europe... Wait, wrong game.

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    ryanwho

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    #21  Edited By ryanwho

    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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    spekingur

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    #22  Edited By spekingur

    It's not like many people ever call the Elder Scrolls games by their full name. Most of us know them as Morrowind, Oblivion and Skyrim - and those are the names they will be remembered by.

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    CaLe

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    #23  Edited By CaLe

    That's like saying no game can have the word 'Metal' in it because it belongs to Metal Gear Solid. Effing stupid.

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    MeatSim

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    #25  Edited By MeatSim

    Like he said it's lawyers being lawyers.

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    CrossTheAtlantic

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    #26  Edited By CrossTheAtlantic
    @CaLe said:

    That's like saying no game can have the word 'Metal' in it because it belongs to Metal Gear Solid. Effing stupid.

    As a representative of Konami, I am required to inform you that you must now transfar us $500,000 for the use of the word 'Metal.'
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    Mystyr_E

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    #27  Edited By Mystyr_E

    well at least Notch didn't call it "Scroll's Edge" or he'd be in really deep shit

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    sagesebas

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    #28  Edited By sagesebas

    Once it is out nobody is ever going to say The Elder Scrolls 5: Skyrim, every one will just say Skyrim like they did with Oblivion and with Morrowind, zero market place confusion.

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    Enigma777

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    #29  Edited By Enigma777

    Now I wish someone would make "The Younger Scrolls" out of spite.

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    SomeDeliCook

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    #30  Edited By SomeDeliCook

    I had to scroll down the article to read it all

    BAM LAWSUIT

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    zakkro

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    #31  Edited By zakkro

    I don't know which is worse: the lawsuit, or the bland name of "Scrolls." Probably the name.

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    CornishRocker

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    #32  Edited By CornishRocker

    Just call it Drenched. That'll sort it.

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    NekuCTR

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    #33  Edited By NekuCTR

    Wow, Corprit execs over at Bethesda are really good at finding opportunities to make a buck. considering none of them have probably ever heard of Minecraft or Majong, the fact that they knew that it would be worth suing this company with one game not even out is pretty impressive, also fracking bananas.

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    John1912

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    #34  Edited By John1912

    Yea......If you buy a game called scrolls, and thought it automatically had anything to do with the Elder Scrolls,,,,,,Come here ,,,,, /slap  

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    JustinAquarius

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    #35  Edited By JustinAquarius

    Lame as hell. Maybe Bethesda will pull the suit if it gets enough INTERNET BACKLASH.

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    sirdesmond

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    #36  Edited By sirdesmond

    Wait, Mojang is making the new Elder Scrolls game?

    I'm so confused...

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    George_Hukas

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    #37  Edited By George_Hukas

    I just heard someone say "Oblivion 2" the other day so I think they already got the whole brand confusion thing down.

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    Pandasaurus

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    #38  Edited By Pandasaurus

    not the end of the world. also scrolls is a really bad name. Also market confusion is never a bad thing.

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    falling_fast

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    #39  Edited By falling_fast

    the word "scroll" doesn't automatically bring to mind the Elder Scrolls, for me, at least

    the problem here isn't that it will hold up in courts, because I'm pretty sure even Zenimax doesn't expect it to, but that Zenimax has enough money to be able to afford a drawn out court case, but this smaller company (Notch) probably doesn't. it's basically corporate bullying.

    trademark law is fucked up.

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    Jimbo

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    #40  Edited By Jimbo

    So Todd Howard is suing Notch? What a jerk!

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    LiquidPrince

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    #41  Edited By LiquidPrince

    Repost:

    You can't fucking trademark regular words... I'm gonna go and trademark "The"... and make trillions of dollars...

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    M16MoJo

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    #42  Edited By M16MoJo
    @Milkman said:

    @Warchief said:

    Seriously Bethesda?

    Let's read.

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

    Thank you.
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    ryanwho

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    #43  Edited By ryanwho

    Zenimax are reminding me of patent squatters. People who form a company that doesn't do anything but issue and purchase patents, then threaten small companies with patent infringing lawsuits (who normally settle so they don't go out of business from court costs). That's basically what will happen here. Short term gains like this don't patch up the longterm damage to reputation it gets. This just makes Zenimax look like a very shortsighted company that doesn't have much of a clue about what its doing.

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    BasketSnake

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    #44  Edited By BasketSnake

    My computer has a button called "Scroll lock"! Yours too?!?

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    Slaker117

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    #45  Edited By Slaker117

    Man, what's up with developers getting hassled over using regular-ass nouns? If this keeps up, maybe we'll be able to start trademarking articles as well. I call "the".

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    falling_fast

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    #46  Edited By falling_fast

    @BasketSnake said:

    My computer has a button called "Scroll lock"! Yours too?!?

    *grabs a fork and pries his scroll lock buttons out*

    there

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    Aronman789

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    #47  Edited By Aronman789

    Its a stupid thing, but I hate Notch and anything to make his life harder is welcomed.

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    cikame

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    #48  Edited By cikame

    Does that mean you can't have any other games with "Scrolls" in from now on?

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    Evilsbane

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    #49  Edited By Evilsbane

    Fucking stupid, Its Daggerfall, Morrowind, and Oblivion or The Elder Scrolls series, Scrolls by itself has nothing to do with those games, get off your high horse and sue over real issues.

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    warchief

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    #50  Edited By warchief
    No Caption Provided

    @Milkman said:

    @Warchief said:

    Seriously Bethesda?

    Let's read.

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

    This edit will also create new pages on Giant Bomb for:

    Beware, you are proposing to add brand new pages to the wiki along with your edits. Make sure this is what you intended. This will likely increase the time it takes for your changes to go live.

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