Bethesda has responded to Interplay’s latest court filing regarding the company’s disagreement over the trademark licensing agreement for Interplay’s Fallout MMO. This legal battle between the two companies has found its way into media over the past several weeks. Interplay wants to release a Fallout MMO, but Bethesda won’t let Interplay use anything other than the Fallout name. This effectively separates Interplay’s product from anything that made Fallout what it is today. Bethesda has now submitted another court filing that asserts “Interplay is wrong.”
Gamasutra obtained Bethesda’s court filing in which it said the agreements it made with Interplay are “clear and unambiguous.” Interplay feels that Bethesda wasn’t being reasonable by not giving them the right to use popular Fallout imagery in its MMO. Interplay feels not being able to use Fallout‘s assets robs it of the “fundamental benefit of using the trademark.”
Despite what Interplay believes, Bethesda sticks by its interpretation of the agreement that gives Interplay the right to use the word “Fallout” in its game and nothing else.
Bethesda also said Interplay violated its licensing agreement by failing to raise enough money to begin development of the Fallout MMO in the two year time frame it was given.
Simply put, Bethesda won’t back down. It believes the trademark licensing agreement it had with Interplay is clearly stated in black and white, and Interplay’s arguments should be rejected by the court.