In response to Bethesda's claim that Interplay has only licensed "one single asset" related to Fallout, the name, Interplay has shot back that such a thing is absurd. The contention in the ongoing battle of the Fallout MMO is that Interplay is required to develop a MMOG under the Fallout name, but cannot be related to the franchise in any other way. Basically Bethesda claims that Interplay must make an MMO game with the Fallout name, but aren't allowed to use the world, characters or any other elements from the previous games. "First, this is not only absurd, but is specifically prohibited by the agreement because Interplay was only granted a ‘license and right to use the Licensed Marks on and in connection with its FALLOUT-branded MMOG … and for no other purpose," meaning that the asset is the Fallout brand and not just the name. The legal document goes on to say, "It was not the parties’ intent that Interplay create, for example, an online baseball game or poker game called ‘Fallout.’”
Bethesda first sued Interplay in Septemer 2009 over the Fallout MMO and last October Interplay has climaed that Bethesda gave up the rights on a Fallout MMO. Interplay also said last year that Fallout Online will launch in 2012.
