DAC reported earlier that Bethesda is now claiming that, with regards to a Fallout MMO, Interplay was only ever given the right to use the name Fallout. They were not, however, allowed to use any of the elements of that Fallout world, Bethesda claims.
Interplay filed a motion claiming that such a claim was ridiculous. Now, DAC has obtained Bethesda's counter of Interplay's counter (yay legal system). Here are the highlights from the filing:
By the terms of the TLA, Bethesda agreed to license to Interplay the right to use one single asset – the FALLOUT mark – subject to certain conditions for use in branding an MMOG. (See Bethesda Mem. at p. 5.) There is no contractual or other duty of Bethesda to allow Interplay to use any other Fallout copyrights, trademarks or other assets that Interplay sold without reservation in 2007.
Bethesda gave Interplay a license to call its MMOG “Fallout”...Nothing else was licensed to Interplay.
Even though Interplay sold Bethesda all right, title and interest in all Fallout intellectual property assets for $5.75 million, Bethesda agreed that Interplay could develop, under certain conditions, a “FALLOUT-branded MMOG.” TLA §§ 2.1. To memorialize the agreement, and in particular the single trademark license, the parties executed the TLA as an exhibit to the APA. It is undisputed that the TLA involves but one single intellectual property asset – the FALLOUT trademark – and nothing more.
I'm not a lawyer, but this seems absolutely ridiculous to me. It most certainly violates the convenant of good faith. Bethesda, at the time of the contract signing and up until Bethesda lost the initial rounds of the court battle, never informed Interplay that it would be only allowed to use the name. The contract itself certainly does not make mention of this fact, so I would assume that the court will not entertain the idea.