It’s got to be tough for Bethesda’s legal division. First Mojang’s victory in the “Scrolls” case, and now it has been revealed that the United Court of Appeals denied the right to appeal an earlier decision that dismissed an injunction against Interplay and their Fallout MMO. Bethesda and parent company Zenimax Media (the current rights holders to the Fallout license) initially brought the case against Interplay (the former rights holder) claiming it went against the agreement reached when the license was sold.
The deal that would eventually bring Fallout 3 to the world also gave Interplay the right to make Fallout Online. According to Bethesda’s original testimony, the company was restricted to only using the term “Fallout”, but began production using game assets from their newly acquired franchise. Bethesda’s copyright infringement restraining order against Fallout Online co-developer Masthead Studios was also denied last month.