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Well, hopefully this HN thread won't be filled the comments like "you can't trademark dictionary words" (you can) and "do I infringe if I use the words scrolls
by saddino 15y ago
Well, hopefully this HN thread won't be filled the comments like "you can't trademark dictionary words" (you can) and "do I infringe if I use the words scrolls in this posting?" (no). But just in case, in an effort to get some facts in:
1) The aim of a trademark is to protect the consumer.
2) The infringement standard is "likelihood of confusion" i.e. might consumers perceive Scrolls to be related to The Elder Scrolls? (IMHO I think that's a valid question)
3) Trademark owners MUST -- in order to preserve their mark -- defend against cases of infringement. In other words, Bethesda and their lawyers aren't just "being jerks." They have no choice but to act if they think there might be consumer confusion that dilutes their mark. (IMHO there is, and thus they are doing what they have to do).
- ugh 15y agoIs what you are writing there also applicable in Sweden? I think that’s kinda important, especially with regards to 3).
- darklajid 15y agoI'm clueless - and teasing. But.. If 'The Elder Scrolls' leads to problems if someone uses 'Scrolls', what about the other parts? 'Elder'? 'The'? If the latter is too ridiculous, what is the difference between them? And - _why_ can you go for single words? I mean - I understand the reasoning if they are stopping notch from creating 'The Elder's Scrolls' or something. But - right now, it looks like a farce to me.. The 'will consumers be confused' part is imho completely weird and not applicable unless the artwork is shared. You don't buy a game as a string of text, you look at reviews, a cover (if you buy physical..) and game design. I don't conflate my SNES 'Super Mario Brothers' with 'Super Metroid' or 'Brothers in Arms: Road to Hill 30' on a PC, just because they share a word..