Notch got sued...

[Aerozord]

Originally Posted by rpgdemon

You can't trademark a single word, and you can't copyright words at all. When you do have a trademark, it applies to a specific something, and not all usages of the word, though if Bethesda did have the trademark on Scrolls, it would probably be applicable here, as usage of "Scrolls" in videogames. But again, can't trademark a single term. I actually looked into trademark laws awhile ago because of a design that I had created that I'd gotten printed onto tees to sell, just in case.

kinda, you can if its associated enough with your product to the point there is a reasonable chance they would confuse the two. Trademarks exist for that reason.

Now they still dont have a case. No one associates "scrolls" with the elder scrolls. Hell few people associate "the elder scrolls" with the elder scrolls series.

edit: this is hard to prove at any time. Legal battles for this are normally less about your actual claim and more about deliberate attempt to confuse customers. No one is going to look at these two games and think that

[McTahr]

Originally Posted by Aerozord

e. Legal battles for this are normally less about your actual claim and more about deliberate attempt to confuse customers. No one familiar with games is going to look at these two games and think that

Just saying. It's an important stipulation when you're considering courts of old people.

E: Which is to say even though it shouldn't, it might!

[Marc v4.0]

Originally Posted by McTahr

Just saying. It's an important stipulation when you're considering courts of old people.

E: Which is to say even though it shouldn't, it might!

Originally Posted by Marc v1.0

Grandma is gonna get real confused when she goes to buy the latest hit, Skyrim, for little junior snot-nose and all she sees are miles of completely digital copies of a game called Scrolls The Elder Scrolls: V

^

[Amake]

Originally Posted by Aerozord

Hell few people associate "the elder scrolls" with the elder scrolls series.

Just what I was thinking. Are there still people alive who played the original or second Elder Scrolls? I have never met anyone who did.

Also, Bethesda? Taintbags. Even if the "The Elder Scrolls" part of the title of your franchiese had any significance, and even if you could make a case that the word "Scrolls" by itself is harmful to your business if used by unauthorized personnel, you've got a horde of expensive lawyers in fine shoes stomping on a tiny indie developer that's likely to be crippled by any court costs whatsoever. That's not good business unless you're North Korea, so you're also immensely stupid taintbags.

And it's a pretty ridiculous case to make. It's as if the Tolkien estate went around and sued everything with the word "Rings" in its name. Onion rings, Simak's Ring Around the Sun, and especially a straight-up parody like Bored of the Rings can't possibly be a milder brand name infringement. Maybe if they change it to The Younger Scrolls they'll be protected by parody laws?

[Aerozord]

Originally Posted by McTahr

Just saying. It's an important stipulation when you're considering courts of old people.

E: Which is to say even though it shouldn't, it might!

you misconstrue, I dont mean the judge has to be able to, I mean the consumer. Judges often rule on matters beyond their knowledge base, thats why they bring in experts to give their analysis. What matters is if the person buying the game would be confused.

Originally Posted by Amake

Also, Bethesda? Taintbags. Even if the "The Elder Scrolls" part of the title of your franchiese had any significance, and even if you could make a case that the word "Scrolls" by itself is harmful to your business if used by unauthorized personnel, you've got a horde of expensive lawyers in fine shoes stomping on a tiny indie developer that's likely to be crippled by any court costs whatsoever.

tiny =/= poor. Minecraft has given notch's company tens of millions of dollars. Not to mention all the good will he's earned. I bet there are people in this very thread that would buy extra copies of minecraft just to give him more money to throw at this.

If court costs run high enough to "cripple" him, then Bethesda will be hurting bad too

[Marc v4.0]

Originally Posted by Aerozord

you misconstrue, I dont mean the judge has to be able to, I mean the consumer. Judges often rule on matters beyond their knowledge base, thats why they bring in experts to give their analysis. What matters is if the person buying the game would be confused.



tiny =/= poor. Minecraft has given notch's company tens of millions of dollars. Not to mention all the good will he's earned. I bet there are people in this very thread that would buy extra copies of minecraft just to give him more money to throw at this.

If court costs run high enough to "cripple" him, then Bethesda will be hurting bad too

The point was Bethesda are taintbags because they are picking on a much smaller Indie company for absolutly no real reason at all.

Way to miss it

[Spooniest]

The whole thing seems patently ridiculous to me. Why not focus on making good games, instead of going around suing people who are just trying to make good games themselves?

Their actions have an effect on the attitudes and hence, buying decisions, of the gaming public. Don't they get that we're paying attention to what they're doing? They're not fooling anyone.

[Aerozord]

Originally Posted by Marc v1.0

The point was Bethesda are taintbags because they are picking on a much smaller Indie company for absolutly no real reason at all.

Way to miss it

because thats not true, bethesda (to my knowledge they aren't part of a larger company) is about as indie and (financially) as large as Mojang.

Originally Posted by Spooniest

The whole thing seems patently ridiculous to me. Why not focus on making good games, instead of going around suing people who are just trying to make good games themselves?

the people that make the games aren't the guys doing the suing. Now thats just the initial lawsuit and that this doesn't take away from the game making. Though I do not see why Bethesda aren't just saying "stop pursuing this". I'm guessing its more disinterest. Perhaps even what you said. "We dont care what you lawyers do, just leave us alone so we can keep making games." Skyrim is nearing launch, the actual company has more pressing matters then reigning in their overzealous lawyers

[phil_]

Originally Posted by Spooniest

Their actions have an effect on the attitudes and hence, buying decisions, of the gaming public. Don't they get that we're paying attention to what they're doing?

lol no

[Spooniest]

Hahahahahahaha! Point taken