Interplay and Bethesda have been going back and forth over what Interplay can include in its upcoming (maybe) Fallout MMO. The last time we’ve heard about the matter, Bethesda was calling out Interplay for using Fallout imagery such as Vault Boy and the Fallout logo to promote its MMO. Bethesda alleges it only gave Interplay permission to use the Fallout name in association with the MMO and nothing else. Interplay has now filed a court document explaining the ridiculousness of Bethesda’s claims.
Gamasutra got a hold of the filing in which Interplay calls Bethesda’s claims “absurd.” Interplay asserts that the original agreement it entered into with Bethesda granted it rights to use the Fallout license, including the game’s trademark logo. Bethesda on the other hand will allegedly not permit Interplay to create a Fallout game that resembles the world that is commonly known. Basically, the MMO would carry the Fallout name, but would otherwise not have anything to do with Fallout.
Interplay feels that by prohibiting it use recognizable Fallout imagery, it loses a “fundamental benefit of using the trademark.”
I would have to agree. If the game can’t have anything to do with Fallout, why call it Fallout? It’s not like gamers will mistake it for something else.