12 Jan

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.

One thought on “Interplay Calls Bethesda Legal Claims “Absurd””

  1. Absurd sounds about right. While Interplay will have my hatred forever for ruining Black Isle’s perfect streak of RPG goodness by banalizing Fallout, Beth is just being nonsensical. Why would anyone sign a contract in which you only get the rights to the title? Makes no sense whatsoever. Prolly just Beth trying to cause Interplay to spend money on a dead on arrival lawsuit and eventually go broke, so they can keep the rights to FOOL as well. I mean, i forgot how many millions Interplay was supposed to amass so Beth aproves the MMO but it was something like 40 mil. Considering that Interplay hasn’t released a game in ten years, i see them so awfully indebted that a little push will throw them over the edge.

    So much useless pain for franchise with such potential. Games industry at work.

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