Bethesda hits Fortress Fallout maker with legal name-change demand

[D00ms0ldier]

http://www.polygon.com/2015/2/16/8046579/bethesda-hits-fortress-fallout-maker-with-legal-name-change-demand

 

Bethesda forcing indie developer Jordan Maron to change the name of his game "Fortress Fallout"

[Derangel]

Technically it's from Bethesda's parent company, Zenimax. Either way I can kind of see an argument for both sides here. Fallout is a semi-common term but when I first heard the name Fortress Fallout I thought it was a mod for Fallout or someone making some unlicensed Fallout game. There is an argument to be made about people thinking that it is linked to the Fallout games.

[Guest Kloaked]

That whole company chain has their panties in a bunch.

So dumb.

[SpaceCore]

this is silly. although Zenimax has more money, they could have won this in court. suppose a name change is cheaper lol

[kuddlesworth9419]

Bethesda has to fight it which is the problem isn't otherwise they won't get to keep the name. But what this really means is that we are getting another Fallout game and thats all I really give a sh*t about. Fallout is my favorite game series, all the games are brilliant. 

[Common_Courtesy]

Heh this is like when they got all pissy over that "scrolls" game from Notch. 

[Camul]

Looks like Zenimax is making non-issues into massive problems again. Fuck them.

[KeltonDSMer]

Well Bethesda did pay almost 6million USD for exclusive rights to the Fallout name from Interplay back in '07. I can understand their parent company wanting to protect that investment but in this situation, I don't see "Fortess Fallout" taking any sales away from Bethesda/Zenimax. Seems kind of silly.

[Misanthrope]

Well Bethesda did pay almost 6million USD for exclusive rights to the Fallout name from Interplay back in '07. I can understand their parent company wanting to protect that investment but in this situation, I don't see "Fortess Fallout" taking any sales away from Bethesda/Zenimax. Seems kind of silly.

 

I still think they overpaid on that deal, the setting on the original Fallouts was good but not "gotta have this" good or popular. Hell if you think about it they could have done what Interplay did back then which was steal things from Wasteland and call it something else.

[KeltonDSMer]

I still think they overpaid on that deal, the setting on the original Fallouts was good but not "gotta have this" good or popular. Hell if you think about it they could have done what Interplay did back then which was steal things from Wasteland and call it something else.

 

I agree. I do, however, admit I have a soft spot for anything fallout. Wasteland was the first video game I remember seeing someone play on a PC, and being able to finally play through FO 1&2 just last year was an incredible experience. I want the IP to continue and although I think this particular situation is frivolous, I do want to play more fallout games without something as simple as another game's title getting in the way.

 

At least for me personally, the term "fallout" does carry extra weight even if that influence should not be so meaningful. Calling fallout 4 "Wasted Land: An open world post-apocalyptic RPG" just doesn't do it for me . With both NV and FO3 having GOTY editions, I guess I am simply not surprised there is a pissing contest over the name, even though I think that is stupid.

 

I do not think FO3 and NV were more popular because they had fallout in the title, but the fact those games were so popular makes the fallout name more valuable compared to what Bethesda purchased almost 10 years ago. Did Bethesda pay too much in '07 for the rights? Yeah. Should they protect that name now that it is worth much more? I guess so, but it is still ridiculous.

[D00ms0ldier]

My thoughts are if they were infringing then by all means go for it, but in this case the two have nothing in common what so ever so even if this did go to court all I can see happening is that Bethesda/Zenimax getting laughed out of court (well it would happen in AUS, not too sure about the legal system anywhere else) 

[Lord Baal]

I'd argue that they have no right to force a name change if the game had been called Fallout: Fortress sure but fallout is a common term. Seems pretty silly to me and I was never a fallout fan so I don't personally care for a new fallout game.

[zacRupnow]

Fallout is not a word made by Bethesda, its a real word and can't be patented, copyright restricted or otherwise. Fuck off Bethesda.

[zacRupnow]

My thoughts are if they were infringing then by all means go for it, but in this case the two have nothing in common what so ever so even if this did go to court all I can see happening is that Bethesda/Zenimax getting laughed out of court (well it would happen in AUS, not too sure about the legal system anywhere else) 

USA whoever has the most money wins.

[Neddamka]

Gotta protect that IP. Yeah, it's seem like a trivial move by Zenimax, but otherwise they wouldn't be doing their dues to Bethesda if Fortress Fallout could be used as an example of them letting the IP get too generic and risk losing the copyright.

[ZuluSamus]

Gotta protect that IP.

I would say the samething, Fallout and TES are their sacred IPs, the money makers of bethesda, and if it weren't for those games, Bethesda wouldn't be as big as they are now.

[Toddwjp]

you have to remeber if a company doesnt defend there trademark they can lose it

[Master Disaster]

Fallout is not a word made by Bethesda, its a real word and can't be patented, copyright restricted or otherwise. Fuck off Bethesda.

Someone really needs to google the term

Registered Trademark

[BobbyG2]

I would say the samething, Fallout and TES are their sacred IPs, the money makers of bethesda, and if it weren't for those games, Bethesda wouldn't be as big as they are now.

If it wasn't for the success of Morrowind, Bethesda would be out of business.

[Redpalmtree]

Technically it's from Bethesda's parent company, Zenimax. Either way I can kind of see an argument for both sides here. Fallout is a semi-common term but when I first heard the name Fortress Fallout I thought it was a mod for Fallout or someone making some unlicensed Fallout game. There is an argument to be made about people thinking that it is linked to the Fallout games.

What do you mean with an argument? I don't think there's an argument at all.

 

Fallout is a normal English word, it just reminds a lot of people of 'Fallout' the game immediately. I really don't understand what they're trying to do here, do they have a patent on the actual english word? I don't think so.

[Derangel]

What do you mean with an argument? I don't think there's an argument at all.

 

Fallout is a normal English word, it just reminds a lot of people of 'Fallout' the game immediately. I really don't understand what they're trying to do here, do they have a patent on the actual english word? I don't think so.

 

Not a patent, a trademark. They have a trademark on the word "Fallout" as it applies to video games since the franchise is called Fallout. Any game that uses the word fallout in their title does bring up thoughts of that specific franchise. Whether or not Zenimax has a right to go after any game that uses the word in their title would be up to the courts to decide as there is an argument to be had on both sides. It looks like the creator of Fortress Fallout is just changing the name of the game instead of fighting though, since that would get ridiculously expensive.

[ADM-Ntek]

this is bullshit how long until every word is copyrighted by someone. the word fallout is not an original word so it shouldn't even be possible to copyright. but its murica so everything goes. 

[zacRupnow]

Someone really needs to google the term

Registered Trademark

Definition of Fallout:

1.radioactive particles that are carried into the atmosphere after a nuclear explosion or accident and gradually fall back as dust or in precipitation.

2. the adverse side effects or results of a situation.

The word is not trademarked, a franchise with the word in its title is. Anyone can use the word as they please as long as it doesn't copy the franchise.

[Trik'Stari]

I just wish Bethesda would announce the next Fallout and TES games already.

 

Yeah, go ahead and take your time making them of course, but freaking announce them already so we can drool.

[Derangel]

I just wish Bethesda would announce the next Fallout and TES games already.

 

Yeah, go ahead and take your time making them of course, but freaking announce them already so we can drool.

 

Well they have a conference at E3 this year. Would be silly of them not to at least tease one or both of them.