Bethesda Sues Interplay Over Fallout

Bethesda Softworks has filed suit against Interplay, the company it purchased rights to the Fallout franchise from in 2007, citing trademark infringement and attempting to terminate its right to make a Fallout-themed MMO.

The details of that case come from a complaint filed in the District Court of Maryland earlier this week. That complaint alleges that Interplay did not seek approval for the sale of the Fallout Trilogy bundle, which features the original Fallout, Fallout 2 and Fallout Tactics. Bethesda claims that the title Fallout Trilogy is “confusingly similar” to that of Fallout 3 and takes issue with Interplay’s marketing, sale and distribution of other Fallout packages named Fallout Collection and Saga Fallout.

Bethesda also takes issue with Interplay’s licensing of Fallout games to digital distribution services Good Old Games (GOG), GameTap and Steam, which Interplay was said never to have sought approval or permission for. Basically, Bethesda takes issue with pretty much everything Interplay seems to be doing with the pre-Fallout 3 releases, believing they cannibalize sales of Fallout 3.

The Fallout 3 developer furthermore wants to officially terminate Interplay’s rights to create a massively multiplayer online game with the Fallout license. Bethesda believes that Interplay has breached its trademark licensing agreement by failing to enter into full-scale development of a Fallout MMO.

Bethesda threatened legal action over the Fallout MMO earlier this year, claiming that Interplay was slow to develop such a game and had failed to secure the proper funding for the game code-named “Project V13.”

Via Kotaku

Justified, or just being greedy bastards?

-Dave out

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2 thoughts on “Bethesda Sues Interplay Over Fallout

  1. Bethesda makes more money by suing Interplay and whipping them into shape.

    There are two ways of looking at the world: 1) How do I earn the money I need to do what I want? 2) How do I make the world a better place?

    All I see in this report is view #1. But the depth of the article is limited to reporting the news.

    I also have to say it sounds like Interplay is a drunken slob. #1 They did not capitalize on their own intellectual property. #2 They allegedly infringe on IP they themselves sold. #3 They don’t make any money while infringing on the IP. Company Fail.

  2. You are correct. The writing has been on the wall for Interplay since early this decade (or perhaps earlier than that). The only reason they have even stayed a company is because they sold all the worthwhile IPs at good prices.

    The story is that they still had rights to make a Fallout MMO in the deal/sale with Bethesda, but they needed to meet guidelines set by Bethesda. Guildlines that, simply put, had them actually moving forward with creating the game rather than sit there and leak money all over the place. Needless to say they failed there too.

    It’s also worth noting that BIS (Black Isle Studios), the creators of the original Fallout and Fallout 2, have long been disbanded by Interplay. So the chances of a coherent Fallout title actually coming out of Interplay were slim from the onset.

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