Feedback -- Subway's Uncharted 3 Promotion & Rage Impressions

spaztic86

They should change it based on the opinion of The United States Patent and Trademark Office.

"The examining attorney refuses registration under Trademark Act Section 2(d), 15 U.S.C. 1052(d), because the applicant's mark ... so resembles the marks in U.S. Registration Nos. 2634683, 2861127, 3375520, 3421731 and 3584564 (THE ELDER SCROLLS) and 4010219 (SCROLLS) as to be likely to cause confusion, to cause mistake, or to deceive. ... Regarding the THE ELDER SCROLLS marks, the applicant has merely deleted the term ELDER from the registered mark. The mere deletion of wording from a registered mark may not be sufficient to overcome a likelihood of confusion."

Keep in mind that this denial of the application does not stop Mojang from using the word Scrolls.

According to the wording of Mojang's patent application they would like to patent the word Scrolls is the following forms of media.

"Entertainment services in the form of electronic, computer and video games provided by means of the Internet and other remote communications device; internet games (non downloadable); organising of games; games (not downloadable) played via a global computer network; education and entertainment services in the form of cinematographic, televisual, digital and motion picture films, radio and television programs and shows; preparation, editing and production of cinematographic, televisual, digital and motion picture films, radio and television programs; entertainment services in the form of electronic, computer and video games provided by means of the Internet, mobile telephone and other remote communications device."

What that basically says is that they would own the word Scrolls in almost all forms of media.

Why that is important to Bethesda is that the intend to use that very word in one of the biggest games of the year. If Mojang obtained this patent it would open up Bethesda to lawsuit. This is what Bethesda is attempting to protect themselves and their Intellectual Properties from. While Mojang may have honorable intentions with their patent application Bethesda can not allow the precedent to be established or it could be abused by other less scrupulous entities at a later time.

I am a huge fan of both of these companies and I really hope they come to a mutually beneficial agreement but Mojang has no legal basis to continue with its action.

I hope this explains some of why the Scud Missile Fly Swatter came about.

Read more: http://www.g4tv.com/thefeed/bl og/post/717109/feedback-id-sof twares-rage-makes-usrage/#add- comment#ixzz1aYjbQJAi