news\ Oct 18, 2011 at 9:30 am

Minecraft Creators Can Keep "Scrolls" Name For New Game, Court Decision Explained


I guess there is some justice after all.  At least that's what I got from the recently decided Mojang vs Bethesda case.

"The swedish courts seem to work!" announced Mojang co-founder Jakob Porser.

Mojang company founder and the mind behind Mindcraft, Markus 'Notch' Persson proudly announced on Twitter today, "We won the interim injunction!  We can keep using the name "Scrolls".  ZeniMax/Bethesda can still appeal the ruling, but I'm very happy. :D"

Regardless of the outcome, Notch still insisted "We should still do the quake game. :D" 

Joy was apparent throughout the Mojang company as members took the Twitter.

"I'm very happy that the courts saw it our way and that Scrolls will get to keep its name.  Hurray!" proclaimed Mojang co-founder Jakob Porser.

Daniel Kaplan who works on MInecraft - Pocket Edition and Minecraft on the Xbox 360, put it simply: "We won!!!" 

The shared feeling seems to be relief from Mojang and a sense that "there is some justic after all." as Managing Director Carl Manneh said.

Daniel Kaplan posted an image of the Scrolls court decision in English on Twitter.  Basically, the interim injunction -- which was denied -- is a temporary ban on using the game-title Scrolls, in an attempt to prevent permanent use of the title.

The Court found that "there are siginificant differences between the games in The Elder Scrolls series and the game Scrolls, and that channels of distribution will be different.  Nevertheless, the Court finds that there are similarities as well - both games/series taking place in a fantasy setting, and that consumers appear to be somewhat overlapping, and that as a consequence, there is a relatively high degree of similarity of goods."

Despite that "certain degree of similarity", it was decided that "the word scrolls is considered to be common and therefore less distinctive and as a consequence less important.  The distinctiveness of The Elder Scrolls is therefore to a great extent considered dependent on the use of the trademark as a whole, meaning that the risk of confusion with Scrolls is relativiely low."

Therefore, the Court does not consider there to be shown probable grounds for trademark infringment.  Case closed, for now.  The official document did say that ZeniMax/Bethesda has three weeks to appeal the decision, at which time the Court of Appeal will have to grant leave to appeal in order for the decision to be tried or appealed.  Otherwise the main proceedings will continue, usually taking a year or up to two years.

This news of winning the interim injunction only adds to the flurry of good news for Mojang which not only celebrated turning one year old, but announced their hit-indie adventure game Minecraft now has over 15 million registered users.  Despite not officially releasing until November during Minecon, Minecraft has exploded onto the gaming scene over the past year.

Scrolls, on the other hand, is a new digital fantasy-card battling game created by Mojang (the same company responsible for Minecraft).

"Tear your opponent limb from limb with the might of your summoned armies, lay waste to the defenses with the obliterating power of your siege weapons or open up the very skies and let bolts of lightning shower his minions until only ash remains," the Scrolls website reads. "The road to victory is yours to choose. Obtain the powerful scrolls and decide which ones you will take to battle as you fight to become the mightiest Magician of all."



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