Tuesday, October 18, 2011

A Swedish court has sided with Mojang in an interim injunction

Skyrim

Mojang can continue to use the Scrolls name thanks to winning an interim injunction against Bethesda. Although that may not end up being the final verdict, this first judgment in favor of Mojang is a positive sign for the Minecraft developer. "We won the interim injunction! We can keep wow gold using the name 'Scrolls,'" announced Markus Persson on Twitter.
Bethesda feels the Scrolls name is too similar to its Elder Scrolls trademark (Skyrim is pictured above) and wants it changed. This decision alone won't stop it from trying to get its way; while it has the option of dropping the matter, more than likely it will attempt to either seek a settlement or appeal the ruling, a move that would have to be made in the next three weeks.
Scrolls was first announced earlier this year. Details are still largely unknown other than the fact that it's a card/board game hybrid with a fantasy setting. Bethesda took issue with it and threatened legal action if the name wasn't changed. It also didn't like that Mojang had filed for a trademark on the name. Persson, who is better known as Notch, suggested a friendly game of Quake 3 could settle the matter. (Bethesda and Quake developer id Software are both owned by ZeniMax.) Bethesda was uninterested in that and pushed for the case to go to court.
Eurogamer was told by Alex Chapman, one of Mojang's legal representatives, "An interim injunction in Sweden is decided on the merits of the case only to the extent that the plaintiff has to show 'probable grounds' for trade mark infringement, and it is reasonably expected that the continued use of the mark diminishes the value of the exclusive right to the trade mark."
"That means that the burden of proof on Zenimax should have been lower than with a full and final assessment of the case and it should have been easier for Zenimax to get what it wanted at this stage compared with a full trial."
It's important to remember Chapman represents Mojang and anything he says is likely to favor Mojang, but there's no doubt this is encouraging news for the much smaller of the two companies in this dispute.
A summary of the injunction shared with buy wow gold Gamasutra shows the court found a "high degree of similarity of goods" but ultimately sided with Mojang thanks to the method Scrolls will be sold (online through Mojang-owned websites, not at retail), the commonness of the word "scrolls," and a belief that relevant customers are an informed group of gamers and not the general public.
Whether it's a settlement Bethesda seeks from here or an appeal, this matter is almost certainly not yet resolved. For now, though, Mojang is certainly sighing with relief.

Read more:
http://firmgold.com/the-queue-and-your-world-will-burn/
http://www.trade-pals.com/node/38760

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