Bethesda claims Interplay could only use the Fallout name

[Tagaziel]

I've read the entire APA and Beth's lawyers conveniently ommited the heading, which put the paragraph in context and concerned filings and new trademarks, in the sense that Interplay would not be allowed to trademark or register any new names that could be confused with Fallout games.

Of course, the TLA grants them the right to use Fallout Online as far as I remember, rendering the above paragraph moot.

 

[Brother None]

And their lawyers continue to demonstrate that said money is not a good investment. Their best breach of contract arguments were their original ones and ever since they been making embarrassingly poor claims.

This. I don't know what Bethesda is paying their lawyers but this was an open-and-shut case from day one. It was obvious Interplay did not fulfill its end of the contract in any meaningful way, but Interplay's lawyers outmaneuvered Bethesda's lawyers to quite a large extent. Claims like these really won't help their case.

 

[Ausir]

And their lawyers continue to demonstrate that said money is not a good investment. Their best breach of contract arguments were their original ones and ever since they been making embarrassingly poor claims.

After the preliminary injunction fiasco, they've already fired one law firm and hired another.

 

[TheWesDude]

But at the same time, what good would that section be if Bethesda only licensed out the name and Interplay, according to this agreement made "Fallout: The Las Vegas Poker Experience" as per their contract?

no, basically what bethesda is saying is that interplay has the rights to make a fallout branded MMO without using any concepts present in fallout 1/2/3/NV

 

[.Pixote.]

basically what bethesda is saying is that interplay has the rights to make a fallout branded MMO without using any concepts present in fallout 1/2/3/NV

So a FALLOUT in name only - that will hurt. But the fact that Interplay have given their project the name Project: V13, maybe they knew something like this could happen...anyway the game will fail, then Interplay, the great game developer/publisher will shrivel up and die. What a shame.

 

[Ausir]

But the fact that Interplay have given their project the name Project: V13, maybe they knew something like this could happen...

This was just a codename, they're calling it Fallout Online officially now. And using elements of the Fallout setting on their website and in their newsletter.

 

[MrBumble]

Well...

If Interplay loses, I hope they take this claim litteraly and willingly develop the worst shooter possible, fucking with Fallout 3's lore in the worst possible ways, and release it as "Fallout : Brotherhood of Iron" just to fuck with Bethsoft.



But that would be childish ( equally as childish as hoping that Interplay is supposed to develop a Fallout game without using anything from the IP ).

 

[Little Robot]

If Interplay loses, I hope they take this claim litteraly and willingly develop the worst shooter possible, fucking with Fallout 3's lore in the worst possible ways, and release it as "Fallout : Brotherhood of Iron" just to fuck with Bethsoft.

That would be funny. Except that it would probably become pretty popular, given the apparent target market of Beth's Fallout games...

 

[Tagaziel]

Interplay's lawyers outmaneuvered Bethesda's lawyers to quite a large extent.

 

[Elven6]

But at the same time, what good would that section be if Bethesda only licensed out the name and Interplay, according to this agreement made "Fallout: The Las Vegas Poker Experience" as per their contract?

no, basically what bethesda is saying is that interplay has the rights to make a fallout branded MMO without using any concepts present in fallout 1/2/3/NV

Right but the example is still valid, what good would any of that do if they could only call an MMO Fallout as long as it didn't have anything to do with the franchise?

They could still make the poker game, assuming it was multiplayer only.

 

[Crni Vuk]

I dont understand it, could someone explain please :S

Right, remember when Interplay sold Bethesda the Fallout IP and in return was given the rights to work on a Fallout MMO? Well, Bethesda claims this license back only extended to the Fallout name, and the MMO Interplay was given the right to make would be allowed to use the name but none of the Fallout IP materials, by that agreement.

That claim is bizarre and unlikely to hold up in court.

Yes it is completely ridiculous now that you explain it. Thank you.

I mean how is one supposed to make a Fallout related game if he has no right to use any Fallout trademarks (either for advirtesement or if you want the development) ...

In my eyes Bethesda reached a new low

 

[Little Robot]

They are allowed to make a "Fallout" game-- one called "Fallout." Just not one that has anything to do with Fallout.

I mean how is one supposed to make a Fallout related game if he has no right to use any Fallout trademarks (either for advirtesement or if you want the development) ...

Bethesda doesn't want them to create a Fallout game-- that's the point. It is pretty sneaky but, as I said before, it makes good business sense.

 

[MutantDwarf]

Bethesda doesn't want them to create a Fallout game-- that's the point. It is pretty sneaky but, as I said before, it makes good business sense.

Only in the short-term, and even then only partially. This could really damage Bethesda's position when negotiating with other companies since it's obvious they don't negotiate in good faith. Also, with these arguments the judge (or did they get a jury trial?) might void the entire agreement and revert the entire Fallout property back to Interplay due to Bethesda's breach of contract (due to breaking the implied covenant of good faith and fair dealing). Well, from this lay-person's point of view that might be possible, anyways. If I were the judge I'd certainly want to smack Bethesda hard in the face for this kind of bullshit, though I really doubt Fallout would be in better hands if Interplay got its hands on it.

 

[Elven6]

I mean how is one supposed to make a Fallout related game if he has no right to use any Fallout trademarks (either for advirtesement or if you want the development) ...

Bethesda doesn't want them to create a Fallout game-- that's the point. It is pretty sneaky but, as I said before, it makes good business sense.

I don't know about that, there is a chance that in terms of lore and everything Interplay could make a good Fallout game which would only strengthen the franchise as a whole. But if they were to (going back to the poker example) make a crappy poker game called Fallout it would only hurt the brand. Brand damaging is also a key point in the lawsuit.

 

[Little Robot]

Ok, maybe not so much business sense in the long term I guess-- although Beth has proven itself in the past to be sort of sneaky at acquiring people's stuff (at least, that's the biased impression I get).

I really doubt Fallout would be in better hands if Interplay got its hands on it.

Yes:

VS

However, the stuff from Fallout Online that's been released so far seems OK. But then again, we haven't seen gameplay or even gotten good information about SPECIAL or how the engine works.

 

[Ausir]

Given who is in charge of the story (initially Jason Anderson, and after his departure Mark O'Green took over), I don't think we can expect as much of a departure from the Fallout setting as in case of other IPLY spin-offs. The gameplay will probably suck, though.

 

[Elven6]

Given who is in charge of the story (initially Jason Anderson, and after his departure Mark O'Green took over), I don't think we can expect as much of a departure from the Fallout setting as in case of other IPLY spin-offs. The gameplay will probably suck, though.

The gameplay would likely be "mmoified" but I'm willing to overlook that if it has a good story.

 

[Crni Vuk]

an MMO with a good story. ?

Not in this century I guess

 

[The Dutch Ghost]

I honestly did not like some of the concept art like the guy with the electrical backpack (not Tesla Armor) or the Steampunk ish/Warhammer 40.000 like Power Armor.

Some of the location designs were really nice though like that frozen sea, but the giant Tesla tower seemed strange.

 

[Ausir]

Well, crazy Tesla tech has been part of the franchise from the beginning, so I don't mind the Tesla tower.