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Old 18th August 2011, 09:34 PM   #11 (permalink)
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Somehow I suspect that it is the two teams of lawyers who will the ones sparring, not the game developers.
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Old 19th August 2011, 12:07 AM   #12 (permalink)
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Somehow I suspect that it is the two teams of lawyers who will the ones sparring, not the game developers.
Hm... That would probably be a pretty lame quake 3 match

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Old 19th August 2011, 01:20 AM   #13 (permalink)
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[sci-fi flashback]

Remember that show where they actually fought wars like this. And after the battle if you were in a designated dead zone you had to report for disintegration?
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Old 19th August 2011, 09:04 PM   #14 (permalink)
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The thing with trademarks is that if you have a trademark, you must by law protect the exclusivity of that mark, because if it can be proven that you are not using it, or not vigilant in stopping others using your trademarked name, or if it has become a generic enough word (like "ugg boot"), you can lose your trademark.

So, as petty as it seems, by contesting the "scrolls" name, they are showing that they are protecting their trademark... which is what they have to do. Even if they were to feel it was ok... they still have to contest it, or they could lose their trademark.

Now, if it was challenged in court, I'm not sure who would win. While "elder scrolls" is trademarked, "scrolls" might be considered different enough. Just like you have "Hungry Jacks", "Outback Jacks", "Cactus Jacks" and so on. While "Hungry Jacks" is a trademark, they don't own exclusive rights to those 2 words... just when used together... so you can have other "Jacks" even within the same trademark class (food). "Scrolls" might be likewise.

I'm sure there are probably other games that have a name that is part of someone else's game name.. I just can't think of any off the top of my head.
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Old 19th August 2011, 09:17 PM   #15 (permalink)
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Hm... That would probably be a pretty lame quake 3 match
And if someone was camping the other guy would sue them
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Old 19th August 2011, 09:36 PM   #16 (permalink)
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Penny Arcade

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Old 20th August 2011, 09:12 AM   #17 (permalink)
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hehehe oh how true that is

Though I just thought, Bethesda needs to sue Brumby's bakery, see I bought a scroll from htem hte other day and it was delicious, it was a pastery with stuff inside it, yummy!
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Old 20th August 2011, 01:55 PM   #18 (permalink)
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Coffee scrolls, vs playing Scrolls with Coffee....

I vote for playing Scrolls with Coffee and Coffee scrolls![1]

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[1] trademark pending
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Old 20th August 2011, 02:57 PM   #19 (permalink)
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Coffee scrolls at ten paces, dawn tomorrow, cya there.

xoxo Bethesda
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Old 20th August 2011, 03:21 PM   #20 (permalink)
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Though I just thought, Bethesda needs to sue Brumby's bakery, see I bought a scroll from htem hte other day and it was delicious, it was a pastery with stuff inside it, yummy!
Well... no... See, you need to understand how trademarks work (I do, I have a couple)...

When you trademark something, you need to define a "class" it applies to. You don't trademark the exclusive right to use that name world-wide for everything. Your trademark only covers the use of that word/phrase/whatever when used in the class you've specifically registered it in.

Each "class" is a type of thing - eg "clothing" or "children's books"... I also believe you need to be specific as to what area/s you're going to use that trademark within those classes too. Eg class #21 is relating to clothing, shoes, hats and all sorts of wearable items. But you don't just get a tradmark for the class number - you have to specify within that class whether it's clothing, hats, shoes or what.

You can trademark something in all the classes if you want, but you need to pay the trademark fee for each class you want it applied to.... and your trademark needs to be paid in all countries you want it to apply to. So that would end up being quite expensive. eg my trademarks are only in Australia, coz I'm not rich but that means someone else can trademark that same word elsewhere and there is nothing I can do about it. Big companies will trademark them in as many classes as they think they will want to protect that mark, and in all countries.

"Elder scrolls" is trademarked (as of 2004) in 2 classes.. 9 ("Computer game programs") and 41 ("Providing on-line computer games; computer game programs offered via handheld computers, wireless telephones and wireless devices")

Interestingly, it's also trademarked in 2009 as another entry in the same class 9 - but with the description "Pre-recorded CDs and DVDs featuring music; motion picture films featuring fantasy games"

So the trademark ONLY applies to the use of the words "Elder Scrolls" in those defined uses. Food and other things that aren't listed there, don't apply.

I could trademark "Elder scrolls" as a yummy pastry dish made from elder flowers and made in a scroll shape... and that would be perfectly legal, because my trademark would be in the food class. In fact I could also trademark "Elder Scrolls" in clothing, toys and a bunch of other classes too. There isn't anything they could do about it, because their trademark doesn't cover those areas.

In case you're interested, Mojang's "Scrolls" was submitted for trademark on 12th Feb this year, and it's in class 9 (video games, cds etc), 21 (clothing, hats etc.), 28 (toys, board games etc.), 41 (entertainment services). I didn't quote their descriptions because they are lengthy - they have wanted to cover as many bases as they can within those classes.

Normally it takes about 7 months for an application to go through, unless it's been opposed, as it has in this case, so they are investigating it, and will decide whether or not it's able to be registered as a trademark, or if it does infringe on the "Elder Scrolls" mark. The trademark details list it as being next August when it should be decided upon I think.
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