Mojang Wins Injunction Over ZeniMax / Bethesda, Can Keep “Scrolls”

Zenimax Studios/Bethesda take their intellectual properties very seriously. So seriously that they slapped Minecraft developer Mojang with an injunction over the name of their game in development, Scrolls, because somehow having the rights to The Elder Scrolls IP meant that Zenimax/Bethesda were the gods of the word ‘scrolls’. Zenimax/Bethesda’s claims were so ludicrous that Mojang’s Notch jokingly offered to settle the dispute through a Quake 3 match.

Today, Notch announced on his Twitter that, unsurprisingly, Mojang won the injunction:

Sorry Zenimax/Bethesda. You guys do not, in fact, own the word ‘scrolls’ and you will have to share some Google search space with Mojang. Darn.

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  • http://twitter.com/Wall_Dac Timothy Wullaert

    I am a Minecraft-lover (almost an addict) and i follow Notch and most of Mojang’s employee’s Tweets, but if i am right the case was about Mojang trying to get copyright (or trademark, i dont know any of that legal mumbo jumbo) for the word Scrolls.
    So that meant no one else then Mojang would be allowed to make a game/TV-show/book/etc… with the word Scrolls in it without Mojang’s permission.

    Now that Mojang won, does this mean Zenimax is gonna have problems with using “The Elder Scrolls” as a subtitle ?
    Do they own the rights to use this name on a product now ?

  • http://twitter.com/Wall_Dac Timothy Wullaert

    I am a Minecraft-lover (almost an addict) and i follow Notch and most of Mojang’s employee’s Tweets, but if i am right the case was about Mojang trying to get copyright (or trademark, i dont know any of that legal mumbo jumbo) for the word Scrolls.
    So that meant no one else then Mojang would be allowed to make a game/TV-show/book/etc… with the word Scrolls in it without Mojang’s permission.

    Now that Mojang won, does this mean Zenimax is gonna have problems with using “The Elder Scrolls” as a subtitle ?
    Do they own the rights to use this name on a product now ?

  • http://twitter.com/Wall_Dac Timothy Wullaert

    I am a Minecraft-lover (almost an addict) and i follow Notch and most of Mojang’s employee’s Tweets, but if i am right the case was about Mojang trying to get copyright (or trademark, i dont know any of that legal mumbo jumbo) for the word Scrolls.
    So that meant no one else then Mojang would be allowed to make a game/TV-show/book/etc… with the word Scrolls in it without Mojang’s permission.

    Now that Mojang won, does this mean Zenimax is gonna have problems with using “The Elder Scrolls” as a subtitle ?
    Do they own the rights to use this name on a product now ?

    • http://twitter.com/Das_Pooch John Paduch

      Mojang didn’t “win” anything, the case is just getting started. It’s embarassing that Notch and his peeps don’t seem to understand this.

      And yes, it means he’ll be able to enforce trademark on the title “Scrolls” if he wins, just as Zenimax is trying to do now. People don’t seem to realize that he’ll have more ground to stand on if he wins, and could sue anyone with “scrolls” in the name and have a better chance at winning than Zenimax ever did.

  • http://twitter.com/Das_Pooch John Paduch

    You know this is just an “interim injunction”, right? This doesn’t mean the case is over, just that the court is allowing Mojang to keep using the name until the real case has run its course.

    Not to sound rude, but a little research goes a long way. >.>

  • Tebb

    Why the hell are you bashing Zenimax?It’s Mojang that’s trying to legally acquire anything electronic with the word “Scrolls” in it, do you want Mojang to own TES?If so, you’re a Mojang fanboy.

  • Tebb

    Read this article if you don’t believe me.  http://kotaku.com/5846111/mojang-v-bethesda-or-i-hate-it-when-mommy-and-daddy-fight

    Mojang is trying their hardest to screw over Bethesda, all beth is trying to due is defend their IP, Mojang’s trademark applies to anything with the word “Scrolls” in it, meaning when The Elder Scrolls V: Skyrim could potentially be blocked from being if Mojang wins the case.

    • Anonymous

      That’s not really how trademarking works. Even if Mojang wins the “scrolls” name, that doesn’t invalidate Zenimax/Bethesda’s trademark of the phrase “The Elder Scrolls”. Thus, Zenimax and Bethesda can continue to make games under “The Elder Scrolls” name. To suggest otherwise is ludicrous.

      Notch is also obviously a fan of Zenimax/Bethesda’s work. Why would he go out of his way to try and screw Zenimax/Bethesda?

      Notch simply wants the name Scrolls. He even offered to change Scrolls to Scrolls: but Bethesda refused. It’s because they fear that the “Scrolls” name is too similar to “The Elder Scrolls” and will cause confusion: http://www.vg247.com/2011/10/07/bethesda-nobody-here-enjoys-pursuing-scrolls-trademark-dispute/.

      I can see both sides. Trademarking is important and you need to do so aggressively so you can not only protect your IP, but also prevent competitors from getting traffic/hits off of you. This is business after all. Mojang just wants the name Scrolls and doesn’t see how it would cut The Elder Scrolls. Zenimax and Bethesda fear that someone clueless out there is going to hear about The Elder Scrolls, only remember Scrolls and end up somewhere at Mojang’s front or something. Either way, Kotaku’s article suggesting that Mojang is trying to undermine Zenimax is false and sensationalist,.

      • Yimmeryams

        If Mojang wins the name “Scrolls” and Zenimax loses “The Elder Scrolls” somehow, Mojang would be able to sue Zenimax for continuing to use “The Elder Scrolls”.

        Zenimax does not want to lose “The Elder Scrolls”. In the past, companies have lost their trademark from a failure to protect it. If Zenimax does not do everything to prove to everyone that Zenimax is actively defending their trademark, Zenimax won’t lose “The Elder Scrolls”.

        If Zenimax were to let “Scrolls” go without a challenge, and were to challenge some other name in the future (such as “Scroll of the Elder”), the court could look at the past and say,

        “Well you didn’t fight against scrolls, so you aren’t doing enough to protect your property. You lose your trademark.”

        If that were to happen, Mojang would be able to exercise it’s TM over “Scrolls” to prevent Zenimax from using “The Elder Scrolls”.

        TL,DR: Zenimax wants to protect its trademark in every way possible, even if the ways are nonsensical or rude, because it is the best possible way for them to protect and retain their intellectual property.

  • Tebb

    Blocked from being sold, I mean.