Bethesda Sues Interplay Over Fallout Game

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.