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PoV: Zenimax vs Mojang - The plot thickens |
Listed in: PC Gaming Tags: Bethesda, mojang, notch, scrolls, the elder scrolls v: skyrim, ZeniMax
Mojang boss Notch has been quite vocal about the legal wrangling that his company and Bethesda owner Zenimax have been going through thanks to the Scrolls debacle, but we haven't really heard anything about Zenimax's side of the story. Until now, that is.
Bethesda VP Pete Hines has told gaming news site Kotaku that "This is a business matter based on how trademark law works and it will continue to be dealt with by lawyers who understand it, not by me or our developers."
"Mojang's public comments have not given a complete picture as it relates to their filings, our trademarks, or events that have taken place," he added. "Nobody here enjoys being forced into this. Hopefully it will all be resolved soon."
As Angela Bozzuti, an associate specializing in trademark law at Davis & Gilbert LLP in New York City, explained, Zenimax really is literally being forced to fight Mojang over the name in order to protect their trademark. "If they allow third parties to infringe their trademark rights without taking action, they can eventually lose their marks," she said.
Bozzuti further stated that if Zenimax fails to take action, "widespread third party use of the term 'Scrolls' as or within a longer game title" could end up weakening the trademark and make protection "difficult and limited".
It could also lead to consumer confusion, which is a point backed by the United States Patent and Trademark Office itself. Two weeks before Zenimax filed the lawsuit in Sweden, the USPTO rejected Mojang's efforts to trademark the "Scrolls" name due to it being "likely to cause confusion, to cause mistake, or to deceive."
Notch, meanwhile, has claimed that Mojang had given Zenimax a few suggestions to clear up the issue outside of court. This included offering to change Scrolls' name and adding a subtitle to it. Zenimax, however, didn't accept it.
"We wanted to end things in a friendly way where we met them half-way," explained Notch. "I am a huge fan of Bethesda's work, and I'm looking forward to Skyrim more than I am any other game this year. Picking a fight with my idols seemed like a silly idea."
"They're being very unreasonable," the indie developer added.
With the way the plot just keeps getting thicker, it appears Hines' wish for a speedy resolution won't be coming true anytime soon. Notch says their lawyers are adamant that there has been no wrongdoing on Mojang's part, but seing as how the USPTO seemingly has already sided with Zenimax then it's going to be one uphill battle for the indie studio.
It still sounds like a silly argument but as much as we all want this to be resolved outside of court so we can start looking forward to both games without this cloud hanging over us, Hines is right when he says that it's not really up to the developers to decide how things end. That's trademark law for you, I guess.
Now that we've heard both sides, what's your take on this issue? Sound off in the comments section below or head to our community forums and discuss it there.
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It's not about loose infringement. It's that if Mojang (which before you say anything I have to side with both of them) has that name copyrighted than they can sue bethesda over the next elder scrolls game for use of that word which is completely understandable (I'm talking about 6 not 5).
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