Titanium: So, right off the bat, another cement block was added to my foundation of complete bafflement over international trademark law.
Just to make things clear: I think of it as I would of a wise and honest ruler... who likes to bathe in cow excrement and uses a javelin instead of a fork at dinner.
predcon: Is this the same fellow that stands in a pool of water on a mountaintop in a thunderstorm wearing a copper colander on his head and shouts "All gods are bastards!"?
Speaking of gods, I thought there was a specific copyright law in the US that prevented anyone from claiming ownership of common words, such as "god", or "Scrolls".
A common word can become a trademark; there is no such law. However, it can only be a trademark with respect to a particular type of goods. Thus "Apple", a common word, can be a trademark for, independently, a line of creative works consisting principally of music, and a line of electronics consisting principally of computers and portable devices.
A Bethesda trademark on "Scrolls" would not extend to a calligrapher who inscribes scrolls, for example. But a game called "Scrolls" is an apple that falls much closer to the tree, and it is not clear that Notch could claim a trademark when Bethesda already had long prior use in the computer game market.
RPS is right, in general: the settlement is one that could have been arrived at long ago if both sides had employed common sense and fair dealing instead of pigheadedness and lawyers.