In a legal battle that precedes even the epic Activision v. Infinity Ward Ex-Execs, Interplay and Bethesda have been duking it out over the rights to a prospective MMO with the Fallout license. Last month, Bethesda amended its claims against Interplay, saying that the latter cannot use any affiliated imagery from the franchise, as it had licensed the franchise’s trademark originally just for a MMO. Interplay has since responded, as of last week, with a counter-claim. The developer argues that the removal of any possible use of characters or settings within the Fallout trademark denies any of its “fundamental benefits,” and has asked the other party to present relevant evidence as proof of its original and current intents with the trademark.
“Bethesda’s interpretation requires Interplay to develop and release an MMOG under the Fallout name, but unrelated to the Fallout brand,” writes Interplay in the aforementioned counter-claim. “First, this is not only absurd, but is specifically prohibited [emphasis Interplay’s] by the agreement because Interplay was only granted a ‘license and right to use the Licensed Marks on and in connection with its FALLOUT-branded MMOG … and for no other purpose.”
“It was not the parties’ intent that Interplay create, for example, an online baseball game or poker game called ‘Fallout.’” Interplay added.