Alex Chapman, head of the law firm Sheridans, thinks that a consumer with even a small iota of common sense can distinguish between Mojang’s Scrolls and Bethesda’s Elder Scrolls franchise. Chapman's firm has been retained by Minecraft maker Mojang to deal with Bethesda's trademark lawsuit claiming that "Scrolls" will cause brand confusion among consumers when it comes to their popular RPG franchise "The Elder Scrolls."
"The question here is whether the relevant consumers are or are likely to be confused into thinking that Mojang's Scrolls game is connected with [Bethesda parent company] ZeniMax's The Elder Scrolls series," Chapman told Eurogamer. "In determining the answer the judge will have to take account of a number of factors including the overall impression of the marks and the relative significance of the component words, as well as the level of sophistication of the applicable consumers and the channels through which the applicable products may be sold or marketed."
"In simple terms would consumers buy one thinking it was connected to the other," he added. "We think not, given the sophistication of consumers of each game type, the types of game and the respective channels of marketing and distribution, amongst other things."
Clearly a fight is brewing and it will go to court at some point. The question is how far it will go. We will continue to follow this story as it develops.