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Notch posted this on his blog.
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.
While many were speculating early on that this was a joke, as of now it does not appear to be. It looks like Bethesda will be going forward with the lawsuit.
Neither Bethesda nor Zenimax has made any statements regarding the incident.
Update: Here is the first page of the legal document (translated from Swedish).
Trade Mark Infringement
I write to you as a legal representative of the company ZeniMax Media Inc.
My mandator is creating and publishing interactive entertainment for, among others, consoles, computers, and handheld/wireless units. The company has a long and successful history and is behind a large number of awarded games, among these the wordly renown game series THE ELDER SCROLLS. The trademark name THE ELDER SCROLLS is protected of, among others, different entertainmentwares and -services, where computer and consolegames are included. In EU is my mandator owner of the registered communion trademarks with the registered numbers 2840098 and 8283161.
It has come to my mandator's knowledge that Mojang AB (Mojang) is using the signature SCROLLS in themarketing of a coming computer and/or consolegame. The signature SCROLLS shows serious visual, phonetic and conceptual similarities with my mandators trademark name THE ELDER SCROLLS. These similarities are strengthened by the fact that within the entertainment industry, the game industry included, it often occurs that goods and services with a common commercial origin are promoted through distinctive features that are constructed through a common trade mark element(?). As an example we can mention the company Nintendos worldfamous Mario-series with game titles like Mario Bros and Super Mario Bros, or the company Blizzards Warcraft-series with game titles like Warcraft: Orcs and Humans and World of Warcraft. Thus there is an obvious risk for the average consument to get the idea that good and/or services that are provided under the property name SCROLLS respective THE ELDER SCROLLS are from the same commercial origin or at least with companies with economical relations. In this context it is therefore our opinion that Mojangs use of the trademark name SCROLLS is... (the line continues on the next page that isn't shown in the photo)
Thank you, amycus, for posting the document.
307 comments
Comments locked
A moderator has closed this comment topic for the time being1. What don't work?
2. Probably posted in entirely the wrong location.
3. No clue as to what is being asked, requested or commented on.
Even it it were in the right location, 'It don't work' is not a useful comment. Do you want help? or are you just whining?
For whining, please don't bother as we don't want to hear it. And if you keep it up we will ban you for spamming the forums with useless posts.
If you want help You will first need to find the proper forum - we have forums for 8 games now, and then some others for things like NMM and off topic stuff. Then, we will need more info, like what 'don't work' to start with.
Bben46, Moderator
Nah, they'd risk resurrecting the ground up skeleton of Interplay if they tried to sue since Bards Tale had a Mad God long before Bethesda thought about it.
Now maybe if they'd titled it Mad God's Isles or something of that nature it would be different, but the concept of a mad god isn't specific enough to trademark.
that brings into question
Gilligan's Isle
and it makes about as much sense as this law suite in the first place
1) Bethesda has a tremendously popular series of games called The Elder Scrolls, with a new title that was scheduled for release when this whole thing started.
2) Notch attempts to register the word Scrolls as a trademark with a broad enough market coverage that, if it were approved, Notch would own the term Scrolls in the video game market.
3) Bethesda sees this and says hey wait a minute. We use the term 'Scrolls' in our 'Elder Scrolls' series. What happens to that if they now own 'Scrolls?'
4) They sue to prevent Notch from being able to use that term - a heavy-handed approach, but warranted given the apparent - if unintended - attempt to cause legal problems for Bethesda with their Elder Scrolls series.
Also, the fact that it could create confusion in the marketplace is demonstrably true, so that's another reason to sue.
Yeah, ok, I know. I'm done.
30 pages...
Posted on the 7th of August, 2011.
Anything said here has already been said.
Hence the image.
Thank you, Strike will be removed. ~Lisnpuppy