Interplay vs. Bethesda, Continued
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Category: News ArchiveHits: 2901
The breach of contract claims asserted by Interplay (...) fail because Bethesda is not obligated or under any legal duty to allow Interplay to utilize the panoply of Fallout assets in connection with an MMOG. Interplay transferred its right, title and interest in and to all Fallout Intellectual Property to Bethesda for $5.75 million. This included, among other rights and properties, all characters, story lines, weapons, art and other game related assets as well as the copyright and trademark registrations that protect same. (...) In the APA, Interplay further represented and warranted that any and all Fallout game assets that it owned were being transferred to Bethesda. (...) The APA contained one single-license back agreement the TLA. The TLA plainly and unambiguously concerns one single mark FALLOUT.
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Despite the clarity of both the APA and the TLA, Interplay has in recent months promoted its purported MMOG project by repeatedly using numerous Fallout related trademarks and copyright protected elements that it has no proper right to use under either the APA or TLA. (...) Interplay's use of Bethesda's Fallout intellectual property such as characters, weapons, and story lines was not a (benefit of its bargain) as Interplay claims. The only bargain Interplay made for a MMOG was the conditional right to use the FALLOUT trademark.
