Positive news from the courtroom today – Mojang Specifications has won an injunction in its court battle with Bethesda. The injunction is only a temporary measure, but Notch is pretty pleased, posting to Twitter:
We won the interim injunction! We can keep using the name “Scrolls”. ZeniMax/Bethesda can still appeal the ruling, but I’m very happy. 😀
Back in August, Notch and Mojang received a cease and desist letter from Bethesda‘s lawyers, over the upcoming game Scrolls. It seems the chosen title is just a little too close to Bethesda‘s franchise, The Elder Scrolls.
On similarity of The Elder Scrolls (r) and Scrolls, the Court states that there is a certain degree of similarity. However, as Mojang has argued, scrolls feature frequently in titles and as content in fantasy settings, and in particular in fantasy games. The word scrolls therefore is considered to be common and therefore less distinctive and as a consequence less important. The distinctiveness of The Elder Scrolls (r) is therefore to a great extent considered dependent on use of the trademark as a whole, meaning that the risk of confusion with Scrolls is relatively low. The Court therefore, in its overall assessment, does not consider there to be shown probable grounds for trademark infringement.