In addition to its on-going legal battle with Interplay, Bethesda Softworks has issued a copyright infringement lawsuit against Masthead Studios. Part of a Fallout product development deal with Interplay, Masthead Studios were also the targets of a restraining order by Bethesda.
“Bethesda did not provide Interplay with any license to use any copyrighted materials relating to Fallout — all copyrighted materials were retained exclusively by Bethesda,” read the court filing.
That was until Judge John F. Walter dismissed the order on the grounds that Bethesda “has not demonstrated that it will be irreparably prejudiced if the requested ex parte relief is not granted.” While the restraining order was dismissed, the larger infringement case against Masthead remains on track. Neither company has released a statement on Judge Walter’s opinion, or the current state of the legal battle as a whole. Given the difficulties of Bethesda’s case against Interplay on the same grounds, there looks to be much longer court struggle ahead.