Despite its lack of success legally against Interplay for use of the Fallout license, Bethesda Softworks has filed a new copyright infringement lawsuit against Masthead Studios. They are claiming that Interplay has violated their trademark license by entering into a product development agreement with Masthead for the development of a Fallout game called Project V:13.
“Bethesda did not provide Interplay with any license to use any copyrighted materials relating to Fallout -- all copyrighted materials were retained exclusively by Bethesda,” says Bethsoft in their filing.
However, Judge John F. Walter argued that Bethsoft “has not demonstrated that it will be irreparably prejudiced if the requested ex parte relief is not granted.” Therefore, without even the benefit of an opposition from Masthead, he denied Bethesda’s application for a temporary restraining order.
This is no doubt the first step in a long and protracted legal battle.
