I would not find it that unreasonable to think that ES fans likely refer to the game as "Scrolls" and not "Elder" when discussing it online, nor that in RPG groups if a year ago you said "Have you played Scrolls?" most people would realize you were talking about ES.
This seems reasonable to me... like if I created a new game called "Warcraft" that let you build siege weapons and launch attacks against castles filled with orcs. I would fully expect Blizzard to come after me.
It isn't like they named the game "Frostraven Scrolls" or something clearly different.
Just my 2 cents. Just communicating the fact that I am not weeping in agony for Mojang and their poor plight.
[1] http://www.warriorforum.com/main-internet-marketing-discussi...