Interplay has described as “absurd” a claim by Bethesda that it licensed only “one single asset” related to Fallout to the company, the latest shot in a legal war over whether or not Interplay has rights to publish a Fallout MMO.
“Bethesda’s interpretation requires Interplay to develop and release an MMOG under the Fallout name, but unrelated to the Fallout brand,” read Interplay’s response to Bethesda’s recent claims, speaking in court documents filed on January 7 and obtained by Gama.
“First, this is not only absurd, but is specifically prohibited [emphasis Interplay's] by the agreement because Interplay was only granted a ‘license and right to use the Licensed Marks on and in connection with its FALLOUT-branded MMOG … and for no other purpose,” the filing added.
“It was not the parties’ intent that Interplay create, for example, an online baseball game or poker game called ‘Fallout.’”
Last month, Bethesda claimed it licensed “one single asset” to Interplay, which was the “Fallout” trademark in connection with an MMO.
Bethesda claims “no other license” was included in the deal, and therefore any Fallout-branded MMO made by Interplay cannot feature assets from the established Fallout universe, such as settings or characters.
Bethesda first sued Interplay over Fallout Online, which was previously known as Project V13, in September 2009.
Interplay has previously claimed that Bethesda turned down the rights to a Fallout MMO.
Interplay said in October last year that Fallout Online will launch in 2012, with a beta coming in the same year.