ZeniMax has settled its ‘Redfall’ trademark dispute

    
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Well, thanks anyhow.

Good news for fans of the name “Redfall,” whether you’re a fan of what is hypothetically the title of The Elder Scrolls VI or the pre-existing book series. When ZeniMax Media (parent company of Bethesda and ZeniMax Online Studios) filed a trademark for Redfall, legal action followed in light of the fact that there was already a book series with specifically that title. Now, both parties have announced that a settlement has been reached and the matter has been resolved.

As is not wholly uncommon in this situation, the terms of this settlement have not been disclosed by either party, but the important thing is that the dispute has been resolved and will no longer trouble either party. Assuming that the trademark was indeed tied to the next game in the long-running Elder Scrolls series, the timing couldn’t be better, since E3 is just around the corner. Let’s all hear it for mutually beneficial solutions where everyone walks away at least reasonably happy.

Source: Gamasutra
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Connor

I’m interested in seeing how this ends, since if you head on over to the ZeniMax Redfall page on the USPTO website, you’ll see that BookBreeze has withdrawn their opposition with prejudice (cannot oppose again) as of May 24. The ‘with prejudice’ part is interesting but most likely a result of the private settlement. It looks like ZeniMax’s trademark is going forward but the page probably won’t be updated until the courts get back in session after the long weekend.

On the other hand, the trademark application for the BookBreeze Redfall name has been suspended by the USPTO as of March 17 because ZeniMax filed their trademark application first. A friendly Pamela Willis (the attorney examining BookBreeze’s trademark application) wrote the letter to BookBreeze stating that the pending trademark application from ZeniMax creates an incident where there may be confusion with the registered mark, and that their application will be suspended until the point where ZeniMax’s trademark is either registered or abandoned, at which point the USPTO will go back and review BookBreeze’s trademark application. Eventually, suspended applications are ‘promised’ to be reviewed at least every six months so it might still be a while.

Thankfully at least it looks like the two parties reached an agreement where Falconer doesn’t have to worry about ZeniMax bringing a frivolous lawsuit over a name he used first, so at least the important stuff got handled.

I still think it’s interesting, and I’m probably the only person who looked at this, that ZeniMax went as far as registering the Redfall trademark in Honduras back in March 2018. I’m not sure how common that maneuver is.

http://tsdr.uspto.gov/#caseNumber=88110679&caseType=SERIAL_NO&searchType=statusSearch
http://tsdr.uspto.gov/documentviewer?caseId=sn88239027&docId=SUL20190317111037#docIndex=1&page=1

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PanagiotisLial1

Redfall = Redguard Settlement in Daggerfall?

cambruin
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cambruin

*deleted*

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Indigo Salma

Honestly id be pissed if Bethesda won.
That author had the books way before they filed a trademark.
I find it amazingly childish to start swinging for something that its not yours.

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Sorenthaz

It was published in 2016 apparently? But yeah still childish of Bethesda to raise a legal battle over it.

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John Kiser

Bethesda didn’t raise the legal battle the author of the books did and bethesda settled.

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Connor

Bethesda didn’t raise a legal battle.

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Alex Willis

What makes you think this was not still a win for ZeniMax?

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StonerMk2

It was the author of the books that filed the dispute, not Bethesda.