Minecraft developer Mojang managed to open a big can of worms in attempting to trademark "Scrolls" as a game title, drawing the legal ire of Zenimax, parent company of The Elder Scrolls publisher Bethesda. Basically the big beef Zenimax's legal team has with Scrolls getting trademarked is the potential confusion which could result in consumers mistakenly linking Mojang's IP to the long running Elder Scrolls franchise.
In this particular example, the confusion may not be so damaging to Zenimax or Bethesda. Davis & Gilbert LLP's Angela Botuzzi however explains that even in this case, Zenimax had no choice but to flex its legal muscle in order to prevent its brands from being harmed in the future by more damaging possibilities that erupt as a result of trademark similarities. Get lax with Mojang now and it could open the doors for more malicious pretenders elsewhere in the future.
So it's a matter of duty to protect the Elder Scrolls brand. Yet Zenimax's grievances are not entirely without precedent. In fact, last month Mojang's "Scrolls" U.S. trademark application was actually rejected by the U.S. Patent and Trademark Office precisely for the reasons Zenimax wants to take Mojang court in Sweden: the trademark office felt "Scrolls" was too similar to "The Elder Scrolls" and "likely to cause confusion, to cause mistake, or to deceive."
However, Botuzzi notes that this still does not prevent Mojang from marketing or selling its upcoming RPG as "Scrolls" in the U.S. if it really wanted. To actually stop sales, Zenimax would need to obtain an injunction from a U.S. court against distribution of the title. For its part, Mojang isn't backing down from the legal challenge and insists Zenimax and Bethesda are "being very unreasonable."