Bethesda has had its appeal denied in the ongoing case against Interplay’s Fallout MMO.
The case against Interplay was first brought to court by Bethesda after they claimed that Interplay had sub licensed the game rights to outside partners, in this case Masthead Studios. Bethesda had looked to get a temporary injuction against Masthead Studios but the judge denied the injunction as Masthead was not given enough time to put together a defence. The recent court case was to appeal that judge’s decision.
According to court documents, Bethesda believed that the “district court abused its discretion and misapplied the law in concluding that Bethesda failed to establish a likelihood of irreparable harm.”
Bethesda had given rights to Interplay back in 2007 to create a Fallout MMO on condition that Interplay start full development with at least $30 million within two years. Bethesda believes that this condition was not met. Bethesda looked to stop production on the Fallout MMO until all these concerns had been addressed.
This isn’t the only legal battle Bethesda is engaged in, with Mojang being another target over the “Scrolls” trademark.