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I fought the law, and Bethesda won[]
 As best as I can determine from PACER (the US Online Court Document system) no case was filed, but a nasty letter sent by Bethesda/Zenimax to indie developer Xreal has resulted in the game Fortress Fallout searching for a new name. If this sounds a little harsh, bear in mind that there are two sides to the story, “Fallout” is a trademark of Bethesda, registered for use in Video Games. With Trademarks, if you do not protect them, you risk losing them, and if people start using your trademark too much, then you effectively lose it, once upon a time Ketchup and Asprin were protectable trademarks (in that other similar products had to use a different name), over time people used the “Brand” to indentify with the general item too much rather than to official “Ketchup” brand “Ketchup”, and now the word can be used by anyone. If you’re interested in the issues, Ryan Morrison wrote a blog on similar issues involving Candy Crush Saga here |
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