Bethesda Softworks has sued Interplay for trademark infringement, claiming that Interplay is in breach of the Fallout MMO agreement for failure to commence full scale development by April 4, 2009 and to secure certain funding for the game. Interplay disputes these claims and still maintains that it has the right to develop Project V13, together with Bulgaria-based Masthead Studios.

http://fallout.wikia.com/wiki/User_blog:Ausir/Bethesda_sues_Interplay,_new_V13_concept_art

EDIT: New details have surfaced. Turns out there are actually two lawsuits - one over Fallout Online, and the other over Fallout Trilogy and other re-releases of the original Fallout games. See:

http://fallout.wikia.com/wiki/User_blog:Ausir/Bethesda_vs._Interplay_-_more_detail

Down with Interplay! *raises pitchfork*

Wait, are they suing them because they haven't started full development, or because they're still developing it?

Either way, Interplay was aware of the agreement and it's Bethesda's right to file a lawsuit if they have broken that agreement.

Didn't Interplay use to be one of the big players back in the day?
I mean... they made Descent didn't they?
(A good proof that FO was 2D isometric because intentionally and not because it's makers couldn't do FP 3D... but that's irrelevant)

Anyway... these companies' tactics are interesting and quite odd sometimes...
(Big companies seem to sue each other, to make arrangements of any kind, like common people call each other on the phone... funny)
Is Bethesda now effectively trying to take back the money they gave to buy Fallout?
And how on earth did Interplay find it reasonable to make such a deal in the first place?

Details of the lawsuit (including what manner of blood Bethesda might be trying to draw from Interplay's turnip) aren't available without a PACER subscription, but it is interesting that the suit is for trademark infringement rather than breach of contract. "Trademark infringement" implies that Bethesda is not only claiming that Interplay failed to live up to the license agreement but also claiming that Interplay is continuing to trade on the name "Fallout" after selling it to Bethesda and breaching the license-back agreement that required them to develop the MMO.

Anyway, Interplay was required to raise $30 million in capital to fund development of the Fallout MMO, has not raised any capital at all toward that purpose, and has not been able to offer any assurance that they can do so at all. Interplay by its own financial statement has negative working capital and just $16,000 in cash (10-Q, as of June 30, 2009). Interplay is continuing to trade on the Fallout trademark, as anyone can see on the Interplay Web site. It does appear that Bethesda's suit for trademark infringement is within the facts and within their rights, but it is not clear what Bethesda could possibly gain from the suit other than forcing Interplay to stop using the Fallout trademark.

I suppose that, once the deadline for Project V13 passed, it became trademark infringement, because Interplay no longer owns any rights to the Fallout name. The only rights they had left was for Project V13, but now that the deadline for that has passed, they developing a Fallout game is no different than if any other developer did it.

Herve Caen signed Interplay's 10-Q for June 30, 2009 under, among other representations, the following:



The 10-Q mentions that Interplay's right to develop Project V13 was subject to a license but omits any mention of a present claim that Interplay was in breach of that license. That claim has been public knowledge since April of this year.

When you say Interplay can't profit from the Fallout franchise anymore, does that mean even obtaining profit from their early Fallout titles? I'm not sure how this whole thing works.

It seems as if they are acting as if they still have the right to work on the title, but they actually don't, right? Which is why Beth is suing them for trademark infringement. Or am I missing something here?

All that makes me really happy that I never even considered getting a job where I'd have to deal with that kind of smart legal nonsense
Since people and monster companies can't or won't get along, I personally assume a clear position:
If any of them makes a game that interests me I'll buy it.
Other than that, let them cannibalize each other at their leisure.

It's like Baldur's Gate III development all over again! :rofl:

Maybe this will make Chris Taylor leave Interplay, his talent is wasted there.

On the website, they are using the Fallout trademark in relation to Fallout 1, 2 and Tactics, to which they still have distribution rights - this has nothing to do with the lawsuit.

The trademark infringement Bethesda is suing them is in relation to their claims that they still have the rights to make Fallout Online. From Bethesda's perspective, the license agreement expired and therefore their continued claims that they have the rights are a trademark violation.

Man, is it sad to see Interplay like this.

Beat me to it, it seems that Project V13 and "Fallout Online" shares the same page.

Regardless, this shows the nature of bethedsa: they want to milk the franchise for all its worth, regardless of the damage they cause.

Well, aside from Chris Taylor's involvement (which I doubt will last for long now), Herve Caen's Interplay is Interplay in name only.

If anything, inXile is the real Interplay now, founded by Brian Fargo, with the Wasteland 2 development team headed by Jason Anderson. Maybe Chris Taylor will join inXile too? And Obsidian is pretty much Black Isle.

If I were to venture a guess I'd say that Bethesda is suing Interplay for publicity. There's not much Bethesda could get out of such a lawsuit; Interplay is a shadow of its former self, and isn't rolling in dough. I find it odd that Interplay is being sued for using the Fallout trademark though seeing as how they're not calling Project V13 Fallout Online; only the fan base is doing that.

They might get full rights to Fallout 1, 2 and Tactics, for example. Or some other IPLY IP.



They are claiming that they still have the right to develop a Fallout MMORPG in their recent http://sec.gov/Archives/edgar/data/1057232/000117091809000328/fm10q-063009.txt:

My only surprise really is that its taken this long.

Whose Brian Fargo exactly? I know he's the first name to pop up when you start the game.

EDIT: A 'Brian Fargo' game makes me assume he's the top boss of Interplay, or was the top gun.

The founder of Interplay. He was forced to leave the company when Herve Caen bought it.

http://fallout.wikia.com/wiki/Brian_Fargo

Should have known he's got a wiki page for him.

Thanks.

As expected! Bethesda tries to take Interplay down, in order to buy the whole company, so that they have no problems about the Fallout License anymore.

By doing this step, the Bethesda Company earned a new achievement from me: "money obsessed [censored]s". Now no Bethesda game will ever see me shelves again, but maybe my harddrive.

The greatest mistake in Interplays history was to sell the Fallout License to Bethesda. "The Fallout Union" likes to see Bethesda in the same financial situation as Interplay is in right now.

Unbelievable how companies slaughter each other just because of money. Bethesda is nothing more then Electronic Arts.

What a pity that we can't stop this unjustified lawsuit. =(

Not really, the greatest mistake was to sell the company to Herve Caen. All other stem from it.

I don't think selling the franchise was a mistake. Fallout 3 is a good game, I can imagine worse scenarios. One of which is that it probably would have died out, especially after BoS.

You guys must have been waiting forever to bash Bethesda for something. They are entirely within their rights to take Interplay to court, and honestly, they are justified. Interplay failed to meet the deadline specified in the agreement many moons ago, and if Bethesda was "money hungry," they would have sued them the second the deadline passed and they started to violate the agreement. If Interplay refuses to abide to the legally binding agreement, what else can Bethesda do except sue them?

Get off Bethesda's back, guys.