Bethesda Softworks LLC v. Interplay Entertainment Corporation

Bethesda Softworks LLC v. Interplay Entertainment Corporation is a lawsuit filed on September 8, 2009 by Bethesda Softworks, the current owner of the Fallout franchise against Interplay, the publisher of the original Fallout games in the Maryland District Court in Baltimore. It concerns alleged trademark infringement in connection with past and future Fallout products.

In October 2009, Interplay filed its own counter-lawsuit, arguing Bethesda is in breach of contract and the contract to sell the rights to the series to Bethesda is null and void and Interplay owns the franchise again.

Background
In November 2006, Interplay, headed by Herve Caen, filed a Form 8-K filing to the United States Securities and Exchange Commission (SEC) regarding a potential Fallout massively multiplayer online game. . In April 2007, Bethesda Softworks, the developer of Fallout 3, purchased full rights to the Fallout IP for $5.75 million USD. While Bethesda now owned the rights to the Fallout MMO IP as well, clauses in the purchase agreement state allowed Interplay to license the rights to the development of the MMO. Specific requirements were stated in the agreement that if not met, Interplay would immediately lose and forfeit its license rights for Fallout. Development must have begun within 24 months of the date of the agreement (April 4, 2007), and Interplay must have secured $30 million within that time frame or forfeit its rights to license. Interplay would furthermore need to launch the MMOG within 4 years of the beginning of development, and pay Bethesda 12 percent of sales and subscription fees for the use of the IP.

On April 2, 2009 Interplay announced a binding letter of intent with Masthead Studios, a Bulgarian-based developer, to fund the development of a post-apocalyptic MMO codenamed Project V13, which has been all but confirmed to be the aforementioned Fallout MMO. Masthead and Interplay teams will work together under the direction and control of Interplay to complete development of the project.

On April 15, 2009, it was announced that Bethesda Softworks moved to rescind the Fallout MMORPG license.

Fallout MMO
Bethesda Softworks claims 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, assumed to be the Fallout MMO in question, together with Bulgaria-based Masthead Studios.

Pre-existing Fallout games
While Interplay was permitted to sell Fallout, Fallout 2 and Fallout Tactics after the sale of the IP to Bethesda, the contract required all advertising, packaging and other promotional material to be sent to Bethesda for approval first, which, according to the lawsuit, was never done regarding neither the Fallout Trilogy pack, nor any of the releases through Good Old Games, Steam and other digital distribution platforms. Bethesda also claims that the name Trilogy constitutes unfair competition, since it suggests that the pack includes Fallout 3.

Glutton Creeper Games
Interplay claims that Bethesda's termination of its contract with Glutton Creeper Games regarding the license to develop and publish Fallout Pen and Paper d20 was illegal. Bethesda holds that Interplay had no rights to license it in the first place, since it was forbidden to do so by the 2004 Exclusive Licensing Agreement.

Future rights to the franchise
According to Interplay, Bethesda interfering in their digital download deals with GameTap, GOG, etc. by sending these companies letters claiming that Interplay has no rights to the Fallout titles constitutes unreasonable interference/withholding of permission. Interplay argues that it is Bethesda that is in fact in breach of the contract, which makes the sale of the rights to the franchise null and void, bringing back into effect the former contract, that only gives Bethesda the rights to publish three Fallout games, including Fallout 3.