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Bethesda Sues Interplay for Selling Fallout Trilogy

Monday, September 14, 2009

UPDATE : 4/24/2010

Bethesda Loses this lawsuit, causing smiles on all classic Vaultdweller’s faces everywhere!

The original Fallout games laid the foundation for Fallout 3, so I was definitely thinking “WTF” when I read that Bethesda Softworks has filed a lawsuit accusing Interplay of trademark infringement over its sales of Fallout Trilogy. Apparently Bethesda and Interplay had an agreement whereby Interplay was allowed to continue to make and sell the old Fallout, Fallout 2, and Fallout Tactics games, but all advertising and promotional materials had to be approved by Bethesda beforehand.

Bethesda is now claiming that Interplay did not do so, and that games are now becoming confused about who made the classic and the new Fallout games, in addition to breaking their agreement by selling the games via digital download. Supposedly this situation has caused Bethesda “immediate, substantial, and irreparable harm.”


Read on to learn more!

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About the Author

is a girl that's been playing video games since she came out of the womb. 22 years later I decided to share these pent-up opinions about the industry, games, my likes and dislikes and everything in between. I also dabble with Linux and make a vain attempt at helping others dabble as well. Actually, I just like the word 'dabble'.

  • timshapiro

    @Sammy

    Actually it’s not a “Fail” for Bethesda. If you look at wikipedia for “Fallout” it’ll actually mention, at least last time I read it (one year ago), that there were three primary people that fathered fallout and it’ll discuss what movies and other games inspired it. Then if you wikipedia those three people or just do some general googling around for them, you will find that each and every single one of them found that Interplay was poorly managed. They used to make best to see just how many years or months it would take for Bethesda go bankrupt.

    This really doesn’t surprise me at all. Interplay was not a well maintained company and the fact that they stayed open long enough to come out with Fallout Tactics, Blauders Gate II, and the much hated “Fallout: Brotherhood of Steel” for the PS2 is actually quite an achievement for a company that was doomed to fail due to poor management.

  • http://somatopsychic.blogspot.com Mitch

    No I see it. I saw the Interplay fallout trilogy and thought at first it was an awesome deal to put Fallout 1, 2 & 3 all in the same box. Trilogy implied (to me anyway) the three serially numbered games – not Tactics. Folks may have bought the “trilogy” thinking they were getting Fallout 3 and then not bought Bethesda’s game.

  • Kevin R

    I’m more pissed off that Interplay didn’t just keep the franchise going themselves. Though Bethsida did the game justice as a FPS. Bethsida is using this to get some attention nearing the release of new vegas. Interplay’s legal team must be slacking cause why would you even allow that stipulation in the licensing agreement.

  • Momouth

    Well maybe Interplay got no money, but at least they made the two most fucking awesome games of video-games history. And fuck you Bethesda if you’re not happy cause they want to tell everybody that the real Fallout’s games are from THEM and not from you… You guys just arrived with your fucking money and made a broke-ass game called Fallout 3 WHICH IS EVERYTHING EXCEPT A FALLOUT. You pooped on the license, on his universe, on the fans, …

    “immediate, substantial, and irreparable harm.”

    That’s you who did that, Bethesda, not Interplay.
    Fucking dumb asses company…

    • http://secrestian.wordpress.com Secrest

      The people who actually made Fallout 1 and 2 haven’t been at Interplay for a long time. The guy in charge now is the guy who spearheaded Fallout: Brotherhood of Steel.

      I know I’m wasting valuable sleep time on this crap, but it really irks me when people fail to realize that Hervé Caen just sucks. You should not be rooting for his team. It’s sad that his team happens to be Interplay, which is a team that used to be great, but he ruined it, and he ruined Fallout. If Fallout falls back in his hands he will just ruin it all over again.

  • http://secrestian.wordpress.com Secrest

    Wow. The ignorance here astounds me. Truly head ache inducing. I stumbled upon this blog post while idly internetting, which is a real word no matter what Firefox says, and I must quickly correct some misconceptions.

    First off, the lawsuit is not lost. Far from it.

    Second, and WAY more importantly: This is not the same Interplay that made Fallout 1 and 2. This is the post Titus buy out Interplay, the people who cancelled the Interplay Fallout 3 (now known as “Van Buren”) to begin production on Fallout: Brotherhood of Steel 2, which of course never got released. There’s a very good reason why Herve Caen sold Fallout to Bethesda, he was looking for some capital to disguise from the fact that he’s run Interplay into the ground. There’s also a reason he’s now in legal troubles post the Fallout franchise sale, because he’s an asshole.

    I hope that Bethesda and Interplay work out this mess amicably, mostly because I don’t want Herve Caen to be back in control of the Fallout franchise. And because, my massive loathing of Herve Caen aside, I really want to play Fallout: Online.

  • http://secrestian.wordpress.com Secrest

    Furthermore, Bethesda is currently publishing the latest game for Interplay founder Brian Fargo’s new company, inXile. Sure, other than being the name at the head of the games Brian Fargo had little to do with Fallout’s actual development, but I feel it’s worth noting that Bethesda is treating him with a lot more respect than the guys who now own Interplay did.