Minecraft creator to fight over Scrolls game title "for as long as it takes"

Earlier this week Minecraft creator Markus "Notch" Persson challenged the team at Bethesda Softworks to a Quake III match in order to settle a lawsuit. Bethesda claims that Scrolls, the title of the next game from the Minecraft team at Mojang, is in violation of its trademark for its long running Elder Scrolls RPG series. Now in a new article at Wired Persson admits that perhaps the idea of a Quake III match to settle the lawsuit wasn't a good idea.

As we mentioned before, Quake III was developed by id Software which is now owned by Bethesda Softworks. Persson states, "If it came to a Quake III tournament, I have a feeling we just might have to change the name. in retrospect, Quake III might have been a poor choice." However that doesn't mean that Persson is going to give up on his fight to use the name Scrolls for Mojang's next game. He states, "If we’re going to court, I will fight this for as long as it takes. It’s a bogus claim, and [Bethesda has] several one-word-named games that share a noun with other games that precede [its] games."  An example of that is Rage, the next game from id Software that's due out on October 4. Rage is part of the title for the classic Streets of Rage arcade brawler game from Sega.

While Persson certainly has a point, so does Bethesda, according to attorney Mark Methenitis. He says, "The basic question here is whether the two trademarks are likely to be confused. There’s a pretty well-established test for this under U.S. trademark law, and based on those factors, Bethesda has a reasonable argument." The gist of Bethesda's possible argument is that while hardcore gamers would know the difference between the two games, casual folks might confuse the two games since both have "scrolls" in the title and both have a fantasy theme.

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Hm... The Elder Scrolls III: Morrowind, The Elder Scrolls IV: Oblivion, The Elder Scrolls V: Skyrim, The Elder Scrolls VI: My ass.
In other words because that man/developer used one word "Scrolls" to name his product he went to trouble with Bethesda which uses 5 words (including the number) to name its series.
That lawsuit is invalid and also it's an insult to average people because Beth believes that the average person will get confused with the titles, some people don't and won't even know that the titles exist at all

When I want to talk about Oblivion/Skyrim I say "Elder Scrolls". I have never referred to it as "Scrolls".
It's an absolutely ridiculous claim.

I still don't see how Bethesda has any claim to the WORD "scrolls". So many other games share important words in their titles, how is this one any different?

thing is, the Elder Scroll games are rarely labelled by people by their number in the series. People dont go "I am going to the shop to buy Elder Scrolls 3", people are going to buy Morrowind, Oblivion etc. I dont think anyone refers to them by their series name, at all, but by their subtitle.

Tk1917 said,
thing is, the Elder Scroll games are rarely labelled by people by their number in the series. People dont go "I am going to the shop to buy Elder Scrolls 3", people are going to buy Morrowind, Oblivion etc. I dont think anyone refers to them by their series name, at all, but by their subtitle.

Exactly. Not to mention the series is called THE Elder Scrolls, not only Elder Scrolls. At least in writting, when people actually bother to mention the series name, it´s often abbreviated as "TES"... Hell, from what I´ve seen if I say I´m going to buy "The Elder Scrolls V" many people won't know I´m refering to "Skyrim"...

I never made the connection between the two games until Bethesda made a big deal of it all.. now I see a resemblance in title but ONLY because they mentioned it and only because they both have the word Scrolls. I would never assume the two games were related.

It's sort of like those teenage girls that have one pimple and pop it/rip it out then cover it with a whole heap of make up and are left with a massive obvious mark whereas if they left it.. no one would notice (yes I use strange analogy's but damn it's true! )

Aside from the obvious fact of "We want more money so settle with us," why do companies assume the average person is a moron? Apple thinks nobody else should be able to use App Store because they say it'll confuse people. Beth says the average person will be confused when it comes to Scrolls and Elder Scrolls. Are we all just morons who need our hands held? That's not the best way to treat your (present or future) customers.