Author Topic: Bethesda Softworks vs. Notch  (Read 6047 times)

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Offline Ghostavo

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Re: Bethesda Softworks vs. Notch
It's not confusion as in costumers confusing products with each other. It's confusion as in willfully using a popular brand image of another company to indirectly advertise their own products.

I really don't care. You can't copyright a verb PERIOD.
It's getting redicolous in the case of Elder Scrolls, as apprently no game should use the words "elder" or "scrolls"?

Givne the number of games out there, at this rate will be running out of words realy fast.
I cna certanly understand pople trying to protect their intelectual property, but INDIVIDUAL WORDS are not it.

First, scrolls as used by Mojang and Bethesda is not a verb, it's a noun.
Second, the ones attempting to create a trademark consisting of a single noun is Mojang, not Bethesda.
And third, if they don't protect their trademark, in latter cases the courts might find them null and void because of their lack of protection.

Consider this, if Mojang trademarks "Scrolls" what stops them from using, as BloodEagle suggests, that trademark to sue Bethesda to stop them from using "The Elder Scrolls"?
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Offline MP-Ryan

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Re: Bethesda Softworks vs. Notch
I really don't care. You can't copyright a verb PERIOD.

You keep spouting about verbs, which makes me wonder, as "elder" is an adjective, and "scrolls" is decidedly a noun.

If you're going to rant on about specific types of words being subject to copyright, try to at least describe the word type correctly.

EDIT:  Ghostavo beat me to it.
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Offline Flipside

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Re: Bethesda Softworks vs. Notch
In fairness though, thanks to the Tim Langdell affair there is precedent against that, but it depends which court such a case would be heard in.

 

Offline Aardwolf

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Re: Bethesda Softworks vs. Notch
Consider this, if Mojang trademarks "Scrolls" what stops them from using, as BloodEagle suggests, that trademark to sue Bethesda to stop them from using "The Elder Scrolls"?

Maybe a bit crazy to suggest this, but how about "common sense"?

1. The trademark for "The Elder Scrolls" is for the phrase as a whole, and doesn't include trademarks for "Elder", or "Scrolls" (or "The").

2. The trademark for "The Elder Scrolls" came first. A new trademark doesn't undo an existing trademark.

 

Offline Ghostavo

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Re: Bethesda Softworks vs. Notch
Maybe a bit crazy to suggest this, but how about "common sense"?

Trademarks and common sense on the same topic is oxymoronic.


And also, notice that while the last time something like this happened, although it was established that that was the case, the guys with the single word trademarks lost theirs.

In fact, I would assume just because the issue came up is reason enough for Bethesda to pursue it.
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Offline Aardwolf

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Re: Bethesda Softworks vs. Notch
Well yeah, the entire system is insane.

But you agree that in a more sane world, "Bethesda had theirs first so Mojang's doesn't supersede it" ought to work?

  

Offline Ghostavo

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Re: Bethesda Softworks vs. Notch
I have no idea how the concept of trademark would work in a sane world to be honest. On one hand you need it to prevent a whole set of issues, on the other hand it causes a whole set of issues...

I've long since given up trying to understand the whole mess.
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Offline karajorma

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Re: Bethesda Softworks vs. Notch
And also, notice that while the last time something like this happened, although it was established that that was the case, the guys with the single word trademarks lost theirs.

Yeah but the guy was being a dick with that trademark! :p The way he was acting with it basically showed that he deserved to lose it.

Quote
But in a recent email sent to Eurogamer, an unnamed Edge Games rep said that despite the most fervent wishes of the gaming press, Edge was sure to prevail in both cases. "We are completely confident we will win," the rep said. "Isn't it amazing how biased towards Electronic Arts the press is on this? When did EA suddenly become the good guys?"

Well done highlighting what a massive tool you must be! :p



If anything that case should have convinced Mojang that Notch wouldn't be able to be a dick with the trademark for Scrolls. Besides as is pointed out, he did say he was willing to give up the trademark to Scrolls so that's obviously not the issue anyway.
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Offline Ghostavo

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Re: Bethesda Softworks vs. Notch
I'm not really sure we are getting the whole picture regarding Notch or Mojang or whoever willing to give up on the trademark. If that was the case, they would have done so already and would not have to go to court over it.

Also, you don't lose trademarks by being a dick, otherwise, I'm pretty sure most companies wouldn't have trademarks.
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Offline karajorma

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Re: Bethesda Softworks vs. Notch
Well he lost it by lying in court about his trademarks in order to win. To be honest he was lucky to avoid a criminal prosecution over the case.

But I would say that in the end he lost it by being a dick. Only a dick would have started an argument which stood a good chance of ending up in court, with as flimsy a case as he had, against a company like EA which has vastly more money and proven history of being dicks themselves. :p
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Re: Bethesda Softworks vs. Notch
I read an article about this a while ago (may have been mentioned here already).
If I understood properly, it boils down to: If Bethesda (or technically Zenimax) doesn't attempt to defend their trademark now, they won't really be able to later if it's necessary. To them, it's not really about winning or losing, it's the act of defending that is necessary.
Here we go: http://kotaku.com/5847295/mojang-v-bethesda-part-2-the-attorneys-and-notch--pete-weigh-in

 

Offline Aardwolf

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Re: Bethesda Softworks vs. Notch
Awesome. We've got a system where we are legally obligated to be dicks.