Bethesda Sues Interplay Over Fallout Game

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On September 9, Bethesda Softworks filed a complaint against Fallout's original developer Interplay in the U.S. District Court of Maryland. The complaint, as stated by Gamesatura, is requesting a preliminary and permanent injunction against Interplay's manufacturing, sale and distribution of Fallout Trilogy. Although Interplay is permitted to sell the three classics included in the bundle--Fallout, Fallout 2 and Fallout tactics--the company was required to "submit to Bethesda all relevant packaging, advertising, and promotional material prior to bringing the catalog titles to market."

Bethesda is now accusing Interplay of trademark infringement, claiming that the company never approached Bethesda for pre-approval for the materials used in the Fallout Trilogy package. Bethesda said that consumers will now be confused between Interplay's classic PC games and Bethesda's snazzier and meatier Fallout 3. While this may sound insulting to PC gamers worldwide, the company is looking to avoid confusion for consumers overall.

Thanks to Interplay's Trilogy, Bethesda is also taking substantial damage, although no sword or other weapon was involved. According to the company, Interplay crossed the line when it signed licensing agreements with online retail outlets such as Steam, GameTap, GOG.com and more. Apparently, these actions have caused the studio "immediate, substantial, and irreparable harm."

With its feelings hurt, Bethesda now wants to cut its trademark licensing ties with Interplay altogether, and is now asking the court to divorce the happy couple by terminating the agreement. Ultimately Bethesda has filed two counts of breach of contract, trademark infringement, and unfair competition. In addition to halting the manufacturing, sale and distribution of older Fallout titles and to terminate the trademark licensing agreement, Bethesda wants Interplay to fork over cash for damages and legal fees. Healing potions just don't work in the real world.

Kevin Parrish
33 Comments Comment from the forums
  • Bethesda, your boots are getting a little big. If it wasn't for Interplay, you wouldn't even have a Fallout 3. You should be working positively with Interplay instead of trying to put them out of business.
    Reply
  • Sicundercover
    nismor31Bethesda, your boots are getting a little big. If it wasn't for Interplay, you wouldn't even have a Fallout 3. You should be working positively with Interplay instead of trying to put them out of business.
    Its part of the deal that Interplay signed too. If they didnt want the deal they didnt have to sell. You cant just go make a business deal with someone (because you killed your own franchise) and then turn around and break it at your convince when it suits you (when the buyer rebuilds your franchise bigger then it was).

    Bethesda is completely in the right here. Interplay screwed up their franchise and Bethesda doesnt want them screwing it up again now that they have rebuilt it bigger then it was before.
    Reply
  • chriskrum
    So they're upset that they didn't get to approve the packaging on a direct download????

    Or they're upset that they didn't approve the advertising of which there's been none?

    Or are they just upset that someone is making a little bit of money off of the original Fallout games, without which Bethesda would have nada.

    What a sad company. They're worried about competition from an eight year old title.
    Reply
  • chriskrum
    People seem to be missing the fine points here:

    1. Interplay has the right to sell the first trilogy.

    2. Bethesda has the right to approve packaging and advertising to protect it's trademark.

    3. Interplay is selling the Fallout trilogy as electronic downloads. No packaging. No advertising.

    Basically it looks as if the clever people at Bethesda thought that they'd be able to prevent the first games from being sold because they could always refuse to approve the packaging, etc on trademark gounds. Interplay instead went with an all electronic media, thus doing an end run around Bethesda's shenanigans.

    I don't think Bethesda is on very solid ground with their suit. That's why the patently ridiculous claims of grave damage to their trademark are being made. They're throwing everything at the wall hoping something sticks.
    Reply
  • pwndcake
    kami3kAnd also Interplay was selling the Trilogy, really that's two things they did wrong. One of them simply breaking a contract, but then they go and sell a game they didn't have rights too. Again, stfu with the whining.
    The trilogy is Fallout, Fallout 2 and Fallout tactics. They weren't selling a game they didn't have rights to.

    So STFU with your whining.
    Reply
  • Mrbumbum
    Bethesda is full of morons, at least technical support hotlines.

    When I bought Fallout 3 for PC the game kept crashing once I clicked the launcher. This happened repeatedly and I tried numerous things such as: making sure everything was updated (which it was), reinstalling and installing on a different hard drive.

    I finally decided to call tech support, who had me do dxdiag. I read off my specs and when I got to my processor which was E6550 @ 2.33ghz the tech support stopped me there and said that was my issue. She said the game required a 2.4ghz processor and that I did not meet the minimum requirements.

    In order to fix my problem according to them I had to UPGRADE to a Pentium 4 2.4ghz from my E6550 to run their game…….

    I even emailed them and asked for someone higher up the corporate ladder and he riddled me off the same poor excuse.

    Turns out one of the files on my install disc was corrupted so I borrowed a friends DVD and fixed it right away. The game ran on max at 1680 x 1050 with average of 45fps. Boy I wish I would have upgraded to that Pentium 4, then my frame rate would really be through the roof.

    Bethesda I hope your case is thrown out and that you’re sued for a frivolous lawsuit.
    Reply
  • indigoataxia
    3. Interplay is selling the Fallout trilogy as electronic downloads. No packaging. No advertising.
    Actually they also have packaged stock at local retailers. Walmart started carring it a few weeks ago.
    Reply
  • Blessedman
    I think that Bethesda is worried that the consumer will have a hard time telling the difference between Fallout Trilogy and Fallout 3. Which is a legitimate concern.
    Reply
  • doomtomb
    BlessedmanI think that Bethesda is worried that the consumer will have a hard time telling the difference between Fallout Trilogy and Fallout 3. Which is a legitimate concern.I agree because the logos look the same to me. And there's been so many other add-on packs to Fallout 3 I don't even bother with them because I don't know what I'm getting into.

    I still feel that Interplay isn't doing anything wrong, they are re-packaging their original games but the packaging and advertisement is misleading. Besthesda's reply to this seems extremely harsh and savage and that it has taken more than just this incident to make them fly off the handle.
    Reply
  • anamaniac
    what the hell do they have to whine about, Bethesda got a famous name and a kick ass game that was able to make a MASSIVE profit, and if the water-logger Interplay company sells their wares from a while back, then that should increase sales by bringing up new speculations and ideas. Interplays fallouts were and are different games, and older, so they are only in retro demand, so the hardcore fans of fallout will storm to it, but sales of fallout 3 are nothing to whine about.
    Reply