Interplay and Bethesda Softworks have been fighting out this legal battle over a Fallout MMO for a long time now, with the first salvo happening in September of 2009. In December of 2010, Bethesda amended its original claims against Interplay, saying it originally only licensed the Fallout trademark in conjunction with an MMO. In short, Bethesda is claiming that Interplay cannot use any other assets from the Fallout universe, including characters, settings or plot points.
Last week, Interplay responded to these new claims in a vicious legal argument obtained by Gamasutra.
"Bethesda's interpretation requires Interplay to develop and release an MMOG under the Fallout name, but unrelated to the Fallout brand," writes Interplay in the response. "First, this is not only absurd, but is specifically prohibited [emphasis Interplay's] by the agreement because Interplay was only granted a 'license and right to use the Licensed Marks on and in connection with its FALLOUT-branded MMOG ... and for no other purpose.”
"It was not the parties' intent that Interplay create, for example, an online baseball game or poker game called 'Fallout.'” Interplay added.
Interplay contends that by removing the characters and other assets from the Fallout trademark, it would be “denied the fundamental benefit of using the trademark." The studio is asking the court for the chance to "present evidence to show the parties' intent with regard to the meaning of the term 'Fallout-branded MMOG’.”
Interplay has been kicking around the development of a Fallout MMO since 2004, with the studio only offering any hint of beta six years later. Bethesda purchased the rights to the series in 2007.
