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Bethesda's previous motion for preliminary injunction against Interplay, in their ongoing litigation over Fallout Online rights failed, but it looks like they are not ready to give up on that front. They have just filed yet another motion asking for preliminary injunction that would prevent Interplay from continuing the development of the Fallout MMO.
Despite Bethesda's motion to dismiss Interplay's counterclaims on the basis of Interplay supposedly being only allowed to use the name "Fallout" and nothing else being denied, Bethesda has not abandoned this claim, and still repeats all of its arguments in support of such ruling in the new documents. However, despite Interplay allegedly not being able to use any elements of the Fallout setting, at the same time Bethesda complains that Interplay's game is not consistent enough with Bethesda's Fallout canon and thus is undermining Bethesda's work.
Here's a quote from the heavily redacted court filing:
(...)In other words, Interplay intends to use the copyrighted Fallout artwork and backstory, which is undisputedly owned by Bethesda, to undermine the plot-line of Bethesda’s awardwinning Fallout 3 game. Obviously, this is intended to harm Bethesda’s reputation and that of the Fallout 3 game. Game players who follow the Fallout history will be confused and confounded by the sequence of events created by Interplay in its MMOG. For the Court’s convenience, the pertinent sections of the Interplay documents quoted above are reproduced in the images below.
Bethesda also has issue with Interplay's Fallout Online website, which was not around yet when the first preliminary injunction was filed:
The post will be updated with more details in a matter of minutes, so stay tuned.