Re:Mojang vs. Bethesda Scrolls Case Heads to Court
by cbs on Tuesday September 27, 2011 @12:28PM
(#3044006)
>I think there could be some confusion among those unfamiliar with the two games in question.
Probably has nothing to do with the name; both scrolls (the objects) and Fantasy-style characters in leather and metal armor are incredibly common video game tropes.
Re:Mojang vs. Bethesda Scrolls Case Heads to Court
by cdmckay on Tuesday September 27, 2011 @12:32PM
(#3044018)
I don't know, shouldn't their trade-mark only protect "The Elder Scrolls"? Otherwise, this would be an incentive for companies to trade-mark longer trade-marks, as they would receive protection for every word in the mark. For example, "The Elder Fantasy Knight Chronicle Scrolls".
However, not knowing all that much about "Scrolls," I feel like Bethesda (Zenimax) has a good argument here. The only artwork I've seen from scrolls depicts Fantasy-style characters in leather and metal armor. From what I understand, it's some sort of card game, but that's not obvious from the at-a-glance view, and I think there could be some confusion among those unfamiliar with the two games in question.
Any major trademark holder has to actively protect their copyright/trademark and I feel like this, though perhaps unfortunate, is a pretty standard legal practice.