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Notch backtracks from Quake 3 challenge |
Listed in: News Tags: Bethesda, notch, scrolls, ZeniMax
A few days ago, Minecraft creator Markus "Notch" Persson ran into a problem with his upcoming strategy game Scrolls. Bethesda owner Zenimax had claimed that the game's name is too similar to their Elder Scrolls brand and wanted Notch to change it.
Instead of heading straight to court, Notch challenged The Elder Scrolls V: Skyrim developer Bethesda to a Quake III tournament. If Notch's team won, he'd get to keep the name. If the Bethesda team won, Notch would change it.
It sounded like a perfect PR opportunity, but apparently Notch forgot one thing: Zenimax now also owns the studio that made Quake, and they even have a few Quake pros on their side. The Minecraft developer has since rethought his stance, and while he admits that challenging such a powerhouse to a Quake III tournament "might have been a poor choice" in retrospect, he's still adamant about fighting in court to be able to use the Scrolls name.
"If we're going to court, I will fight this for as long as it takes," he told Wired.com. "It's a bogus claim, and [Bethesda has] several one-word-named games that share a noun with other games that precede [its] games." To illustrate, he pointed out the upcoming id shooter Rage and Sega's Streets of Rage brand.
Notch may still be facing an uphill legal battle, however, as a lawyer also interviewed by Wired.com thinks that Bethesda may have the upper hand.
"The basic question here is whether the two trademarks are likely to be confused," said attorney and game industry analyst Mark Methenitis. "There's a pretty well-established test for this under US trademark law, and based on those factors, Bethesda has a reasonable argument."
"To me, the real question is the strength of The Elder Scrolls," Methenitis continued, pointing out that Elder Scrolls games are usually refered to by their subtitles (Skyrim, Oblivion, etc.). "Even then, I wonder about the relative strength of Scrolls without Elder. That strength of the mark factor, along with evidence or lack of evidence of actual confusion, could be the determining factor."
Via [Wired.com]
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Comments
Also, so I can't make a game called ScrollsCraft?
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