Fallout series

Group Description

A series of RPGs, originally by the Interplay division that became Black Isle Studios, started with the release of Fallout in 1997. After the first sequel was produced in a rapid fashion, Interplay changed focus to make two spin-offs, Fallout Tactics (a Fallout themed squad tactical combat game) and Fallout: Brotherhood of Steel (a console action game). A second sequel to the original Fallout (now known by its codename: Van Buren) was canceled in 2003 when Interplay shut down Black Isle due to financial difficulties.

After securing the rights to develop Fallout 3 in 2004, Bethesda Softworks acquired the entire Fallout license in August 2007 for $5.75 million from Interplay. In the same deal, Interplay was granted the right to produce a Fallout MMO. In April 2009 the company issued a SEC filing seeking to end its contract with Interplay over the MMO's absence.

In September 2009 Bethesda sued Interplay over the latter distributing Fallout Trilogy, packaging Fallout, Fallout 2 and Fallout Tactics. According to Bethesda, permission should have been sought on the trilogy's packaging, advertising and promotional material prior to its release, and customers have become confused between it and Bethesda's more recent Fallout 3.

Interplay's signing of licensing agreements with digital distribution sites such as Steam has further breached the trademark agreement signed, the legal filing continues, an action which has caused Bethesda "immediate, substantial and irreparable harm.", claims the company. Bethesda asked the court to terminate the licensing agreement between the two companies which would allow Interplay to licence back rights to the Fallout property in order to develop the Fallout MMO.