18 Oct, 2011
In August, Bethesda initiated legal action against Mojang for use of the word “Scrolls” in its game. As you may remember, Mojang offered to resolve the dispute with a Quake tournament. Since then, Mojang tried to resolve the dispute with Bethesda amicably by offering to add a subtitle to their version of the game Scrolls. Bethesda rejected both offers.
In an effort to proactively protect itself, Mojang decided to go ahead and apply for a trademark of the word “Scrolls.” However, their application was denied because it infringed on a couple trademarks, including Bethesda’s. That rejection, however, did not determine the outcome of the concurrent lawsuit. It simply means that Mojang doesn’t have a right to exclusive use of the word.
Today, Notch announced via Twitter that Mojang won the interim injunction dispute. Falling only two days after Mojang’s first birthday, (the shop was started on October 16, 2010), this makes for a pretty great birthday present. The Swedish court handling the matter apparently refused to grant Bethesda the injunction Bethesda had requested. Had the injunction been granted, Mojang would have been legally prohibited from using the word Scrolls. Bethesda can still appeal the ruling and try to convince a higher court to grant them the injunction, but doing so is much easier said than done.
So what does this mean?
Mojang’s in-development game can still be called Scrolls. Bethesda will probably appeal the decision. But in order to win on appeal, the appealing party has an even greater burden to overcome than they did at in the original case. So, good luck Bethesda. In the meantime, Notch says he’d still love to play Quake with you.
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