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Bethesda vs. Interplay - more detail

Ausir September 12, 2009 User blog:Ausir
Revision as of 14:09, February 15, 2012 by KristofferAG (Talk | contribs)

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Fallout Online concept art

Project V13 concept art by Defonten

New details have surfaced about Bethesda's lawsuit against Interplay over trademark infringement. Or lawsuits, because, as you can see in the court filings, there are two of them.

The first one, as we described in the previous newspost, is over the rights to Fallout Online (codenamed Project V13). The second one, however, is over Interplay's re-releases of original Fallout games, like the Fallout Trilogy pack or various digital distribution sites.

Turns out that, while Interplay was permitted to sell Fallout, Fallout 2 and Fallout Tactics the contract required all advertising, packaging and other promotional material to be sent to Bethesda for approval first, which, according to the lawsuit, was never done regarding neither the Fallout Trilogy pack, nor any of the releases through Good Old Games, Steam and other digital distribution platforms. Bethesda also claims that the name Trilogy constitutes unfair competition, since it suggests that the pack includes Fallout 3.

To sum it up, Interplay is accused of two counts of breach of contract (regarding Fallout Online and the previous Fallout games), trademark infringement and unfrair competition. Bethesda demands that Interplay stop manufacturing and distributing the original Fallout games, as well as pay for damages and legal fees, and asks for the trademark agreement to be declared terminated.

Asked for a statement, Interplay's Chris Taylor stated that he cannot comment on any pending litigation.

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