Wednesday, October 19, 2011

Bethesda suing Mojang over use of game name

For those Minecraft players who don't know, the gaming company Bethesda is suing Mojang, the company that made Minecraft.

Bethesda started the lawsuit after Mojang announced a fantasy card-trading game they are creating called Scrolls.  Bethesda's attorney sent Mojang a letter in August stating that the name "Scrolls" would cause confusion with Bethesda's own trademark Elder Scrolls, a role-playing game.

Mojang co-owner Markus Notch Persson initially challenged Bethesda via his blog to settle the suit like true gamers, by playing the video game Quake 3.

"If we win, you drop the lawsuit.  If you win, we will change the name of Scrolls to something you're fine with.  I'm serious by the way," Notch said in his blog.

Notch later told Wired magazine that Quake 3 wasn't the best choice since Bethesda technically owns the game.  But he said the match would "bring both parties a lot of good PR."

Bethesda declined the offer and continued with the lawsuit.  Notch started out feeling lighthearted about the whole thing.

"I love Bethesda," Notch said in an August blog post. "I assume this nonsense is partly just their lawyers being lawyers."

Lawyers spent a lot of time in discussion before the lawsuit went to court, and Notch referred to the legalities as "terribly boring."

But as the lawsuit got more serious in September, Mojang had to come to grips with it.  The independent company started getting more serious about the situation.

"If we're going to court, I will fight this for as long as it takes," Notch said. "It's a bogus claim, and they have several one-word-named games that share a noun with other games."

While Notch is developing a more fiery attitude towards the lawsuit, Bethesda Vice President Pete Hines is trying to maintain a more diplomatic stance.

"Nobody here enjoys being forced into this.  Hopefully it will be resolved soon," Bethesda Vice President Pete Hines said.

The difference between Mojang and Bethesda is definitely visible.  Mojang is a small independent company started only a year ago that's famous for one game: Minecraft. Mojang employees are allowed to invent their own job titles.

Bethesda is a huge, international gaming country that's famous for several games including Rage and the Fallout games.  The company has also bought other smaller game companies.

So, while Notch is making this lawsuit more personal by tweeting and blogging about it, Hines is focusing on keeping their case within the court.

"This is a business matter based on how trademark law works," Hines said. "and it will continue to be dealt with by lawyers who understand it, not by me or our developers."

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