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Bethesda sued Mojang for using 'Scrolls' as a name... Let that sink in. Bethesda(and Zenimax, it's the same company for all intents and purposes) is an horrible, horrible company.
The funny part is they wanted to call the series Fighting Fantasy but it was taken and they couldn't risk being sued back than XD
So yes, if messing around with the name of the game keeps all that from happening, then anyone would easily take that route without question. No shame in that. Put that shame on the one doing the suing at that point.
Remember, folks! Games Workshop tried to copyright the actual word "Elf" in court. Doesn't get much lower than that..... Unless you consider the time Wizards of the Coast went after Yugioh for using "Magic" cards lol
Agreed, suing for "Elf" is as low as you can get. Considering it's part of mythology\religion, it shouldn't be possible to be copyrigthed. Same as Thor(which iirc, is actually trademarked by Marvel\Disney when it comes to movies\comics, which is absolutely ridiculous for the same reason, may as well trademark 'jesus' or 'god').
I know of two Bethesda disputes, Mojang for 'Scrolls', and this one for 'Prey'. But Bethesda is, and has been a scummy ♥♥♥♥♥♥ company since it's founder was forced out back in '99.
As for your second statement (the one where you claim to know that you can't sue for using the word "prey"): Of course you can. That's what a trademark is for, among other things. You must be new to the world.
Not defending Bethesda here. But seeing wannabe lawyers explain the world is always fun.