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Interplay recently filed a new court order against Bethesda over the escalating Fallout IP case. Bethesda purchased the Fallout franchise from Interplay for $5.75 million before it started developing Fallout 3 a few years back. But the franchise was sub-licensed back to Interplay so they could develop Fallout Online, a Fallout-based MMO. Bethesda recently filed a claim against Interplay stating it only licensed the Fallout name, but not any of the assets of the series, be it characters, locations, storylines, etc.  Interplay’s recent response calls these claims “absurd,” since the agreement uses the term, “Fallout-branded MMOG.” But the contract never clearly defines this. Interplay believes that using already established assets is essential to providing a legitimate Fallout experience, and that it would be wrong to “divorce the trademark from the source of its good will, which stems from its reputation related to a particular and unique post-apocalyptic game world.” |