Interplay has responded to Bethesda’s claim that it licensed back only “one single asset” to the company following the 2007 sale of the Fallout series, branding it ‘absurd.’
The long-running court case centers on the right of Interplay to develop a Fallout MMO. When the company sold the series to Bethesda in 2007 (for $5.75 million USD,) they also licensed the rights to develop such a game – within certain conditions. The specifics of those conditions are now in dispute.
Bethesda’s latest claim, made last month, is that Interplay only licensed the Fallout name, meaning any game developed by them could feature no other connection (characters, settings etc) relating to the familiar Fallout universe.
As Gamasutra reports, Interplay has filed new documents with the court calling this claim ‘absurd.’
“Bethesda’s interpretation requires Interplay to develop and release an MMOG under the Fallout name, but unrelated to the Fallout brand,” Interplay’s response states. The documents go on to say that removing the Fallout name from its characters and setting in this way would mean Interplay are “denied the fundamental benefit of using the trademark.”
Interplay is now asking the court for the opportunity to present evidence further evidence to show the intent of the meaning of the term “Fallout-branded MMOG,” a term which (it seems) was not clearly defined in the original licensing agreement.