In a recent blog post by Minecraft creator known as ‘Notch’ they are being sued by Bethesda (the gaming studio that brought you the Elder Scrolls franchise) for reasons over his new game project. In Notch’s post he says, “…we also applied [for a trademark] for “Scrolls”, the new game we’re working on. We knew of no similarly named games, and we had even googled it to make sure. I’m not even sure if you CAN trademark individual words, like “Scrolls”, but we sent in the application anyway.” He then goes on, “A while later, out of the blue, we got contacted by Bethesda’s lawyers. They wanted to know more about the “Scrolls” trademark we were applying for, and claimed it conflicted with their existing trademark “The Elder Scrolls”.
This seems ludicrous, like Notch mentioned, surely you can’t trademark individual words within a phrase i.e. ‘The Elder Scrolls’ but this story seems similar to what Apple did, they applied for trademarking on the word ‘Apps’ and ‘App Store’, surely they are all generic words that pose no threat if used on their own. Toward the end of Notch’s post he says,
“The implication that you could own the right to all individual words within a trademark is also a bit scary. We looked things up and realized they didn’t have much of a case, but we still took it seriously. Nothing about Scrolls is meant to in any way derive from or allude to their games. We suggested a compromise where we’d agree to never put any words in front of “Scrolls”, and instead call sequels and other things something along the lines of “Scrolls – The Banana Expansion”. I’m not sure if they ever got back to us with a reply to this.”
What do you guys think? Have Bethesda over reacted? Or do you agree with them?
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