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Halowood
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« on: August 07, 2011, 05:13:52 PM » |
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So Bethesda/ZeniMax is suing Mojang/Notch over their trademark application for the next Mojang game Scrolls saying it infringes on their Trademark for "The Elder Scrolls" This is what I think what about you guys?  |
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 "I had a dream where I was king.
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chluaid
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« Reply #1 on: August 11, 2011, 02:47:04 PM » |
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You generally have a case if the word is used on a similar product. For example, having your own small burger shop called McDonald's you're likely to have action brought against you. However if you have a carpet store called McDonald's, the chances are you'll get to keep your name because no customer would confuse a carpet brand for a burger brand.
So if "Scrolls" is being used on an epic, gorgeous role-playing game I believe that Bethesda, having established itself over many years using the word "scrolls", may have a case and rightly so.
Similarly, in the UK there's a company called Brackenwood Windows (brackenwood.com). As far as I know, they existed before my animated series. However if they decided they wanted exclusive use of the word Brackenwood, they'd probably lose the case because I don't sell windows, so customers aren't going to confuse the two.
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Copper Valentine
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« Reply #2 on: August 11, 2011, 03:14:36 PM » |
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kinda like Dove soap and Dove chocolate - hate to get those two mixed up.  |
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I don't have any animations yet, but I have ideas. I also have Flash and Toon Boom - so, we'll see what happens with that.
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Halowood
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« Reply #3 on: August 11, 2011, 05:27:46 PM » |
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Except Scrolls is a digital Trading Card Game... Sorta hard to confuse that with Skyrim.
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"I had a dream where I was king.
I woke up, still king"
Yeah I wasn't about to let her come in here and keep that shit up. I like this forum.
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supermoose
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« Reply #4 on: August 12, 2011, 02:16:07 PM » |
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Well, the differences are there to anyone who plays games, but not necessarily to judges in court. They may hear "Bethdesa is a video game company that makes fantasy setting video games. So is Mojang." and then make their decision form that. It wouldnt necessarily matter that one is a digital card game and one is a digital RPG. They would both be fantasy setting video games.
For analogy purposes, I think it would be a bit more accurate to imagine that Brackenwood.com created sculptures of mythical creatures(not from your stories, generic ones like minotaurs) and then wanted exclusive rights to the name. You would have a difficult time convincing a judge that there would be no overlap in markets between the two forms of art(sculpture vs Animation and stories) involving mythical creatures.
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Jaehl
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« Reply #5 on: September 22, 2011, 05:26:39 AM » |
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You generally have a case if the word is used on a similar product. For example, having your own small burger shop called McDonald's you're likely to have action brought against you. However if you have a carpet store called McDonald's, the chances are you'll get to keep your name because no customer would confuse a carpet brand for a burger brand.
Oh, if only. |
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Pieter
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« Reply #6 on: September 26, 2011, 06:32:38 AM » |
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Corporations do what they do, nothing new under the sun...
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"To be is to do" -- Socrates
"To do is to be" -- Sartre
"Do Be Do Be Do" -- Sinatra
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StickyWicky
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« Reply #7 on: October 01, 2011, 05:37:58 AM » |
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Well I think I personally would get confused, so I'll show that with the use of this picture I made  |
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If there's one thing I know in this life, we are beggars all.  |
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Halowood
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« Reply #8 on: October 01, 2011, 02:47:00 PM » |
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Bethesda are claiming that because Scrolls has mountains it's obvious that people will get them mixed up.
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"I had a dream where I was king.
I woke up, still king"
Yeah I wasn't about to let her come in here and keep that shit up. I like this forum.
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Pieter
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« Reply #9 on: October 02, 2011, 06:54:00 AM » |
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Bethesda consists out of IT and management.
Two sectors known to have a sociopath-to-person-ratio of 90%.
Nothing new under the sun.
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"To be is to do" -- Socrates
"To do is to be" -- Sartre
"Do Be Do Be Do" -- Sinatra
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H@m
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« Reply #10 on: October 07, 2011, 05:29:00 PM » |
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So this is the same Mojang that made Minecraft? What else are they expanding into??
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Halowood
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« Reply #11 on: October 08, 2011, 11:49:30 PM » |
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Yes and they are expanding into developing Scrolls Strategy/Board/Trading Card Game and publishing Indie games developed by other Indie developers.
While also working on Minecraft and other secret projects the whole time too.
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"I had a dream where I was king.
I woke up, still king"
Yeah I wasn't about to let her come in here and keep that shit up. I like this forum.
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C0mBineD
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« Reply #12 on: October 10, 2011, 11:32:30 PM » |
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Well I think I personally would get confused, so I'll show that with the use of this picture I made this picture has nothing to do with the case since the case has nothing to do with the game minecraft |
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Brackenwood
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