Wikia

Nukapedia

Comments79

Interplay-Bethesda correspondence unveiled

Ausir February 2, 2010 User blog:Ausir
Bethesda vs Interplay

We have acquired copies of e-mails exchanged between Interplay's Herve Caen and Bethesda/ZeniMax representatives, submitted by Caen as court evidence in the Bethesda v. Interplay case.

Exchange 1

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Thursday, April 03, 2008 5:52 PM
To: Grif Lesher
Subject: Approval request for Fallout name use on Interplay new website
Grif,
Hope you are well.
We are ready to go live with our new website and require your approval. I have
arranged a secured access for you to review prior to launch at
http://<REDACTED>
 
Username: griflesher
Password: <REDACTED>
 
I have included the trademark notices in the legal section.
Please send me your approval/comments at your earliest convenience.
 
Sincerely,
Herve

Transcript

Subject: RE: Approval request for Fallout name use on Interplay new
Website
 
Date: Thursday, April 10, 2008 3:06 AM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Approval request for Fallout name use on Interplay new website
 
Hervé,
In response to your request, Bethesda Softworks does not grant approval to Interplay’s
use of the FALLOUT mark and images with respect to “Fallout Online” in the proposed
new corporate website. Please advise us as to the status of your efforts to secure the
required $30M financing for the FALLOUT MMOG.

We also note that Bethesda has filed “War. War Never Changes” for trademark
protection in the U.S. and other countries, and no permission is granted to use that
mark on the website or elsewhere. With respect to the four pre-existing Fallout games,
Interplay may sell those games subject to the conditions of section 5.10 (merchandising
rights) in the APA Agreement. To the extent the proposed website is only selling those
games and does not present any
promotional materials we have not approved, that is allowed. In that regard, the legal
text regarding the four pre-existing games must read as follows: “Fallout®, Fallout® 2,
Fallout® Tactics and Fallout® Brotherhood of Steel are trademarks or registered
trademarks of Bethesda Softworks LLC, a ZeniMax Media company, in the U.S, and/or
other countries. Distributed under license from Bethesda Softworks LLC. All Rights
Reserved.”
 
Fallout is now a registered trademark of Bethesda’s in the United States. Accordingly,
the
TM symbol should be deleted and the following used:
Fallout®
Fallout® 2
Fallout® Tactics
Fallout® Brotherhood of Steel
 
Sincerely,
Grif Lesher

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Monday, April 14, 2008 8:55 AM
To: Grif Lesher
Subject: Re: Approval request for Fallout name use on Interplay new website
Grif,
We will make the appropriate changes to our website prior to going live.
I am focused on obtaining the $30M financing and will keep you informed.
Sincerely,
Hervé

Transcript

Subject: RE: Approval request for Fallout name use on Interplay new
Website
 
Date: Monday, April 14, 2008 3:46 PM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Approval request for Fallout name use on Interplay new website
 
Hervé,
Please send us the proposed changes to the new website for our final approval prior to
going live.
 
Sincerely,
Grif

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Thursday, April 24, 2008 8:48 PM
To: Grif Lesher
Subject: Website approval
 
Grif,
I have not heard back from you.
Did we fully address your comments so that we can go live with our website?
Tks
Herve

Transcript

Subject: RE: Website approval
Date: Friday, April 25, 2008 9:09 AM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Website approval
 
Herve,
I will try and have an answer for you by Monday. The changes must be reviewed
and approved internally.
Sincerely,
Grif

Transcript

Subject: RE: Website approval
Date: Wednesday, April 30, 2008 5:23 PM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Website approval
 
Hervé,
We have reviewed the revised proposed website and note the following chang
that are to be made:
1. Remove all references in the proposed website to Fallout as an Interplay
"brand," e.g., in the poll question. Fallout is Bethesda's brand.
Interplay's merchandising rights only go to the "pre-existing games."
2. In the Menus, references are to be made to the pre-existing "Games" such
as Fallout 1 and 2 and Tactics, not to Fallout as one of Interplay's
"Brands."
3. Similarly, in About Interplay, references must be limited to the prior
games by name, not to "hit series like Fallout®".
4. The curser when rolled over the artwork on the right shows "Fallout
Online." This must be removed.
Please make these changes and send for further review.
Sincerely,
Grif

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Thursday, May 01, 2008 1:39 PM
To: Grif Lesher
Subject: Re: Website approval
 
Grif,
Tks for the comments.
All changes are made.
Please review at your earliest convenience.
Sincerely,
Herve

Transcript

Subject: RE: Website approval
Date: Friday, May 9, 2008 4:41 PM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Website approval
 
Hervé,
The Project V13 artwork is not approved and must be removed.
Grif

Transcript

From: Herve Caen [mailto:hcaen@interplay.com]
Sent: Friday, May 09, 2008 7:51 PM
To: Grif Lesher
Subject: Re: Website approval
Which artwork is in question as we have several? All are original Interplay
artwork in relation to Project V13.
Anything else?

Transcript

Subject: RE: Website approval
Date: Friday, May 9, 2008 5:02 PM
From: Grif Lesher <glesher@zenimax.com>
To: <hcaen@interplay.com>
Conversation: Website approval
All Project V13 artwork. It clearly relates to a possible MMOG based on
Fallout.

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Tuesday, May 13, 2008 1:55 PM
To: Grif Lesher
Subject: Re: Website approval
 
Grif,
We have now changed all Project V13 artwork per your request and will go
live with the website shortly.
Thank you for your assistance,
Herve

Transcript

Subject: RE: Website approval
Date: Tuesday, May 13, 2008 11:40 AM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Website approval
 
We will check the site.

Transcript

Subject: RE: Website approval
Date: Tuesday, May 13, 2008 11:43 AM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Website approval
You still have Project V13 artwork displayed on the proposed site. Not
approved.

Transcript

Subject: Re: Website approval
Date: Tuesday, May 13, 2008 11:53 AM
From: Hervé Caen <hcaen@interplay.com>
To: Grif Lesher <glesher@zenimax.com>
Conversation: Website approval
These are new artworks.
We are developing Project V13 so we need to show something. What do you suggest?

Transcript

No reply

Exchange 2

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Wednesday, May 21, 2008 3:09 PM
To: Vlatko Andonov
Subject: Conf call
 
Vlatko,
Issues to cover:
Exploitation of existing Fallout games
Fallout MMO
Let me know what time works for you today.
Tks
Hervé

Transcript

Subject: RE: Conf call
 
Date: Wednesday, May 21, 2008 4:16 PM
From: Vlatko Andonov <vandonov@bethsoft.com>
To: Hervé Caen <hcaen@interplay.com>
Cc: Grif Lesher <glesher@zenimax.com>
Conversation: Conf call
 
Hervé,
The matters you raise are legal in nature and addressed in the APA and the
license back. They are being addressed by Grif and DLA Piper. If you have
questions, you should email Grif.
Vlatko

Transcript

Subject: Re: Conf call
Date: Wednesday, June 4, 2008 11:25 AM
From: Hervé Caen <hcaen@interplay.com>
To: Vlatko Andonov <vandonov@bethsoft.com>
Cc: Grif Lesher <glesher@zenimax.com>
Conversation: Conf call
 
Vlatko,
I thought Bethesda wanted to discuss what Interplay plans were regarding Fallout
MMO? I proposed to have a face to face meeting on that subject.
Is this not possible?
Tks
Hervé

Transcript

No reply

Exchange 3

Transcript

Original Message-----

> From: Hervé Caen [mailto:hcaen@interplay.com]
> Sent: Monday, July 21, 2008 6:11 PM
> To: Grif Lesher
> Subject: Proposed Gametap/Fallout press release
>
> Grif,
> Please find enclosed a proposed press release to be issued Thursday at the
> time the original Fallout will be made available on Gametap.
> I would appreciate it if I could get your comments by tomorrow so that we
> can coordinate the announcement with Turner.
> Tks,
> Hervé

Transcript

On 7/22/08 1:37 PM, "Grif Lesher" <glesher@zenimax.com> wrote:
> Hervé,
> We do not approve the proposed press release or the proposed TBS
partnership,
> for the reasons previously stated and reiterated in the attached letter.
You
> need to advise TBS of our position in this regard before Thursday.
> Grif Lesher

Transcript

Original Message-----

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Tuesday, July 22, 2008 5:37 PM
To: Grif Lesher
Subject: Re: Proposed Gametap/Fallout press release
Grif,
Thank you for your comments.
We have revised the press release as enclosed.
Sincerely,
Hervé

Transcript

Subject: RE: Proposed Gametap/Fallout press release
Date: Tuesday, July 22, 2008 4:07 PM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Proposed Gametap/Fallout press release
 
Hervé,
The revised press release is not approved for the reasons set forth in my
letter to you earlier today which I encourage you to read.
Will you be advising Turner of our position on this matter?
Grif

Transcript


From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Tuesday, July 22, 2008 5:37 PM
To: Grif Lesher
Subject: Re: Proposed Gametap/Fallout press release
 
Grif,
Thank you for your comments.
We have revised the press release as enclosed.
Sincerely,
Hervé

Transcript

From: Hervé Caen [mailto:hcaen@interplay.com]
Sent: Thursday, July 24, 2008 4:52 PM
To: Grif Lesher
Subject: Re: Proposed Gametap/Fallout press release
 
Grif,
Please find attached a revised press release addressing the issues you are
raising in your letter.
We intend to issue such press release at 9:00am eastern tomorrow.
Sincerely,
Hervé

Transcript

Subject: RE: Proposed Gametap/Fallout press release
Date: Friday, July 25, 2008 8:48 AM
From: Grif Lesher <glesher@zenimax.com>
To: Hervé Caen <hcaen@interplay.com>
Conversation: Proposed Gametap/Fallout press release
 
Hervé,
This is to advise you that the revised press release is not approved and is
in violation of the 2007 Asset Purchase Agreement.
Grif

Googleplus Twitter logo Formspring logo Facebook button YouTube button RSS button

Other Wikia wikis

Random Wiki