Interplay’s 10-K mentions under “legal filings” that Bethesda may be challenging its right to a Fallout MMO.
According to the document, Bethesda has yet to file proper action at this time; however, the Fallout 3 developers claim Interplay is in breech of trademark.
Under the terms of Interplay using the Fallout name, the firm was to have started full scale work on the title by April 4, 2009 and secured funding for the MMO.
From the document:
Interplay recently received notice that Bethesda Softworks, LLC (“Bethesda”) intends to terminate the trademark license agreement between Bethesda and Interplay which was entered into April 4, 2007 for the development of FALLOUT MMOG. Despite the fact that no formal action is currently pending, Bethesda claims that Interplay is in breach of the trademark license agreement for failure to commence fill scale development of same by April 4, 2009 and to secure certain funding for the MMOG. 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.
Bethesda is claiming neither of the conditions were met.