A new SEC filing by publisher Interplay has revealed that the company may face a legal challenge from Bethesda over full control of the
Fallout franchise.
A short statement in the filing says the company has “recently received notice that Bethesda intends to terminate the trademark license agreement between Bethesda and Interplay...for the development of
Fallout MMOG.”
No formal legal action is yet pending, but the filing says Bethesda believes Interplay to be in breach of a trademark license agreement inked in 2004. The agreement demanded full-scale development and appropriate funding of the
Fallout MMO to begin by April 4th, 2009, which Bethesda apparently believes has not happened.
The filing adds: “Interplay adamantly disputes these claims. Although the potential damages are currently unknown, if Bethesda ultimately prevails and cancels the trademark license agreement, Interplay would lose its license back of the
Fallout MMOG and any damages resulting therefrom are unknown at this time.”
A rep for Bethesda declined to comment on legal matters.
The Elder Scrolls creator Bethesda acquired the
Fallout license from previous owner Interplay in 2004. The only limitation imposed on Bethesda was that Interplay retained the rights to make a massively multiplayer online (MMO) game based on the franchise.
Little has been heard of the Interplay project since then, although speculation has arisen that the
recently announced Project V13 is one and the same.
