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ARTICLE · 20 JANUARY 2012

Fallout From Bethesda-Interplay Lawsuit Dissipates

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Bethesda and Interplay have settled a long-running dispute over the Fallout IP. Bethesda bought the Fallout franchise from Interplay in 2007.

CanadaIntellectual Property
David Spratley
David Spratley
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Bethesda and Interplay have settled a long-running dispute over the Fallout IP.  Bethesda bought the Fallout franchise from Interplay in 2007, but licensed back to Interplay certain rights to sell pre-existing Fallout games and to develop and operate a Fallout-based MMO.  The MMO portion of the licence contained various conditions, including that Interplay secure funding and start full-scale development of the MMO within 2 years, and launch the MMO within 4 years.

In 2009, Bethesda launched a lawsuit against Interplay for trade-mark infringement (on the basis that Interplay was not complying with the trade-mark provisions of the 2007 licence in its activities relating to the pre-exising Fallout games) and breach of contract (on the basis that Interplay had not begun developing the MMO).

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