Bethesda fights back against Interplay’s Fallout: Online claims

Previously on Bethesda vs Interplay: Interplay filed a court complaint over Bethesda’s law suit on Fallout: Online, claiming that the publisher’s latest points were “absurd”. Bethesda state that they licensed the Fallout brand to Interplay in name only, forbidding any other assets from the franchise to be used in Fallout: Online. Keeping up?

Bethesda have now hit back in response to the court complaint with their own filing, saying: “The term ‘Fallout-branded MMOG’ is plain and clear on its face – it means an MMOG named ‘Fallout‘. Bethesda gave Interplay a license to call its MMOG ‘Fallout‘ if it met the conditions of the [trademark licensing agreement]. Nothing else was licensed to Interplay.”

“Interplay offers a variety of meritless arguments to suggest that the plain reading of the [trademark licensing agreement] would render the agreement meaningless. Interplay is wrong. Its arguments to the contrary should be rejected.”

We’re excited for Fallout: Online, so we’d hope that any legal action doesn’t prevent the game from a 2012 release, but there’s still a lot to be said for this case.