Sheridans: Zenimax unlikely to win Scrolls case

By Brenna Hillier, Wednesday, 19 October 2011 00:25 GMT

The denial of an interim injunction is bad news for Zenimax, according to lawyers representing Mojang in a legal battle over the trademark Scrolls.

“The burden of proof on Zenimax should have been lower than with a full and final assessment of the case,” Alex Chapman of London media law firm Sheridans told Eurogamer of the injunction ruling.

“And it should have been easier for Zenimax to get what it wanted at this stage compared with a full trial.”

If Zenimax goes forward with a full action against Mojang, it does so in the knowledge that it will be even harder to win than the ruling which went against it.

The Bethesda parent company also has the option to accept the ruling and withdraw its case, or settle the matter with Mojang – something the independent studio has shown itself willing to do.

“Markus [Persson], Jakob [Porser] and Carl [Manneh] have made no secret of the fact that they are prepared to settle the matter so long as they are able to use the name ‘Scrolls’ in the title of their game – which is no more than they are entitled to,” Chapman said.

Zenimax took Mojang to court over the title of its new card battle game Scrolls, in protection of its own trademark The Elder Scrolls.

Legal commentary suggests that Zenimax’s challenge of Mojang’s use of the name may be a requirement to retain its trademark.

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The Elder Scrolls