So the whole brouhaha is that Notch tried to trademark "Scrolls" for game purposes and Bethesda opposed it? Maybe it's me being a lawyer, but that seems like a pretty ****ing reasonable reaction from them. Don't think "scrolls" is/should be trademarkeable.
If they can keep someone from trademarking it doesn't that mean they practically trademarked it themselves?
I'm not a trademark specialist, but if I understand it correctly it means that you are the only one who can do a particular type of trade under that name (franchise/company name). If you can't get it trademarked it "just" means everybody else can use it too. There seems to be a growing resistance towards letting obvious common day items be registered as trademarks. There seems to be some weird rules about defending your trademarks too, sort of "use it or lose it" and possibly forfeiting it if you don't contest other entities' use of it (waiting for a lawyer to stop by and clarify).
But the Bethesda trademark is "Elder Scrolls", how can they even propose to keep someone from using a general English term like "Scrolls"?