Wednesday, October 19, 2011

Mojang can continue use of "Scrolls" for now

Mojang founder Markus "Notch" Peterson updated the status of the Mojang vs. Bethesda court case via Twitter yesterday, October 18.

"We won the interim injunction!  We can keep using the name "Scrolls."  ZeniMax/Bethesda can still appeal the ruling, but I'm very happy," Notch tweated.

An interim injunction is a court order prohibiting someone from taking an action until the court has come to a full decision.  Bethesda wanted a Swedish court to order Mojang to discontinue the use of the name "Scrolls" until the court can decide whether Mojang is infringing on the "Elder Scrolls" trademark.

Bethesda failed, and Mojang can continue using Scrolls for now.  This means a one up for Mojang, but it doesn't mean they've won.  Bethesda could try to appeal the court's judgement or continue with the lawsuit anyway.

But chances look bleak for Bethesda.  It would waste months to try and repeal the court ruling.  Plus, the court clearly prefers Mojang's case to Bethesda's, otherwise they wouldn't have ruled the way they did.

Bethesda isn't giving up though.  But Notch says he thinks there is something more to this case.

"When Bethesda contacted us, we offered both to change the name to 'Scrolls: <some subtitle>' and to give up the trademark," Notch said in a blog post. "They refused on both counts.  Whatever reason they have for suing us, it's not a fear of us having a trademark on the word Scrolls, as we're offered to give that up."

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