Bethesda hits Fortress Fallout maker with legal name-change demand

[Trik'Stari]

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

I hope so. Been a good while since I heard any news about the next Fallout. If I remember there was some rumor about it taking place in "The Commonwealth". Which doesn't make sense to me because Fallout 3 partially took place in Northern Virginia, and Virginia is a commonwealth. Although now that I've looked it up, Massachusetts and Pennsylvania are commonwealths as well.

[Derangel]

I hope so. Been a good while since I heard any news about the next Fallout. If I remember there was some rumor about it taking place in "The Commonwealth". Which doesn't make sense to me because Fallout 3 partially took place in Northern Virginia, and Virginia is a commonwealth. Although now that I've looked it up, Massachusetts and Pennsylvania are commonwealths as well.

 

I've always wanted to see what other countries look like in the Fallout universe. They had to have been severely impacted from the nuclear war even if they didn't get hit directly. Though something more southern US would be interesting too, or in parts of what used to be Canada.

[Trik'Stari]

I've always wanted to see what other countries look like in the Fallout universe. They had to have been severely impacted from the nuclear war even if they didn't get hit directly. Though something more southern US would be interesting too, or in parts of what used to be Canada.

I'd like to see New York City (could introduce a grappling hook type of weapon there). Europe would be cool as well. Perhaps China, imagine the chinese equivalent of Vault-Tec and their crazy ass experiments...much room for comedy there. Shaolin Monks could be a faction....a scary one lol

[bluedyguard]

I'd like to see New York City (could introduce a grappling hook type of weapon there). Europe would be cool as well. Perhaps China, imagine the chinese equivalent of Vault-Tec and their crazy ass experiments...much room for comedy there. Shaolin Monks could be a faction....a scary one lol

 

Are you serious? Play "Bionic Commando" or "Prototype". If they do the kind of crap you're suggesting, they can go fuck themselves for destroying the lore so hard that it doesn't resemble anything to the original concept and tone of the series (they already shat the bed with FO3).

[BobbyG2]

The whole premise of the series is supposed to be a post-apocalyptic future from a 1950s Americana point of view.

The only way I'd see a non-us Fallout game happening is in a spin off, non-numbered game like New Vegas. Most likely from a separate studio, since Todd Howard says he doesn't want to have too many employees in his studio.

[Trik'Stari]

 

Are you serious? Play "Bionic Commando" or "Prototype". If they do the kind of crap you're suggesting, they can go fuck themselves for destroying the lore so hard that it doesn't resemble anything to the original concept and tone of the series (they already shat the bed with FO3).

Some of us actually prefer fallout 3 and new vegas over the original isometric games. Other than the gameplay differences I don't really know what you're talking about, F3 was great. New vegas not so much.

 

Unless you mean the comedy, that could stand to be toned down a bit.

[BobbyG2]

I could understand that old fans of the isometric games are upset with the direction Bethesda took the series, but I never played them and like the new fallouts.

Wasteland 2 is up their alley. Wasteland was the inspiration for the original Fallouts after all.

[Briggsy]

The most prominent and original definition of the word Fallout is: "radioactive particles that are carried into the atmosphere after a nuclear explosion or accident and gradually fall back as dust or in precipitation." The word first appeared between 1945-1950.

The other definition, "the adverse side effects or results of a situation,"  is derived from the first definition.

 

looking at the website of Fortress Fallout http://www.fortressfallout.com/, I don't blame Zenimax for going after them, even if the game looks bleh and probably isn't worth their time.

[Yoinkerman]

Fortress Fallout looks even less related to the Fallout franchise than fallout 3 amd new Vegas. I didn't know that was possible. Bethesda should go suck a lemon.

[Master Disaster]

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.

Your original post stated and I quote

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

which is incorrect, any word can be restricted simply by registering it as a trademark. The merits of this case are irrelevant, what you posted was incorrect.

Try and open a cafe called McDonalds and see how long it is before your in court fighting a lawsuit over a word.

And BTW your post contradicts itself, how can the game Fallout be a registered trademark if the word isn't?

Its very simple, there's a game called Fallout owned by a company who believe another game is using their intellectual property (the word Fallout) in its title unlawfully, whether that's the case or not is for a judge to decide but I'm sure Zenimax & Beth have people much smarter than you or I and I'm sure said people wouldn't advice entering a court battle if they don't think they have a case to fight.

[NickTheMajin]

As long as a new real Fallout game comes out I couldn't care less about "Fortress Fallout". 

[Camul]

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.

 

So what? Making me think of a franchise doesn't make me assume it's part of that franchise. I would be completely on the side of Zenimax if the game was called Fallout: Fortress. It's not though, it just has the word fallout in the title, and I can't see too many people thinking that two games are part of the same franchise because they contain the same word. Zenimax is in the wrong.

[RatedBlam]

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.

Interplay thought something similar too when they dropped the name: Vault 13: A GURPS Post-Nuclear Adventure in favour of Fallout.

But yes, gotta love Fallout.

[zacRupnow]

Your original post stated and I quote

which is incorrect, any word can be restricted simply by registering it as a trademark. The merits of this case are irrelevant, what you posted was incorrect.

Try and open a cafe called McDonalds and see how long it is before your in court fighting a lawsuit over a word.

And BTW your post contradicts itself, how can the game Fallout be a registered trademark if the word isn't?

Its very simple, there's a game called Fallout owned by a company who believe another game is using their intellectual property (the word Fallout) in its title unlawfully, whether that's the case or not is for a judge to decide but I'm sure Zenimax & Beth have people much smarter than you or I and I'm sure said people wouldn't advice entering a court battle if they don't think they have a case to fight.

A game NAMED Fallout can be trademarked, the word on its own cannot be owned. McDonald's is a name, there are restaurants with McDonald's in the title that aren't owned by or pay royalties to the McDonald's franchise. The owner's have that name and can assign it to their business, there are hundreds of unrelated Bob's Burgers, there is a coffee shop named Starbucks Sucks. You would be correct if the definition of Fallout was "A game series owned by Bethesda" or if names were unique to people like fingerprints, then only one person could give their name to their business.

[Remilia]

So, is it Bathesda or ZeniMax demanding the name change?

[Master Disaster]

A game NAMED Fallout can be trademarked, the word on its own cannot be owned. McDonald's is a name, there are restaurants with McDonald's in the title that aren't owned by or pay royalties to the McDonald's franchise. The owner's have that name and can assign it to their business, there are hundreds of unrelated Bob's Burgers, there is a coffee shop named Starbucks Sucks. You would be correct if the definition of Fallout was "A game series owned by Bethesda" or if names were unique to people like fingerprints, then only one person could give their name to their business.

I think you misunderstand me, I've never said that they can't use the name or any other word in the title, that's for a judge to decide. I'm simply pointing out that you can restrict the use of a word by registering it as a trademark, something which you said you cannot do.

Also Starbucks Sucks is not a cafe, its a meme taken from a Starbucks van which when it had its side door open read 'Sucks' as the tarb was covered up.

[zacRupnow]

I think you misunderstand me, I've never said that they can't use the name or any other word in the title, that's for a judge to decide. I'm simply pointing out that you can restrict the use of a word by registering it as a trademark, something which you said you cannot do.

Also Starbucks Sucks is not a cafe, its a meme taken from a Starbucks van which when it had its side door open read 'Sucks' as the tarb was covered up.

I knew nothing about this meme but this is what I was thinking of, Dumb Starbucks Coffee (sorry, though it was Starbucks Sucks)

http://www.dailymail.co.uk/news/article-2555537/Dumb-Starbucks-coffee-shop-opens-Los-Angeles-neighborhood.html

They are protected by copyright law by being a parody.

[bluedyguard]

Some of us actually prefer fallout 3 and new vegas over the original isometric games. Other than the gameplay differences I don't really know what you're talking about, F3 was great. New vegas not so much.

 

Unless you mean the comedy, that could stand to be toned down a bit.

 

http://static.fjcdn.com/pictures/Fallout+3+in+a+nutshell+i+love+fallout+3+but_a0523f_4197794.png

[Albatross]

This is ridiculous. You can't own a goddamn word. Fack.

[DeViLzzz]

http://www.gamespot.com/articles/bethesda-legal-team-pressures-fortress-fallout-dev/1100-6425334/

Bethesda legal team pressure Fortress Fallout game dev, Xreal, to change the name of the game.  Pathetic.  Oh the video game world these days ... Ubi****, Nvidia, Bethesda .... who else is next?

 

[RevoltTrain]

I believe this was spoken about on the last WAN show. I might be wrong though.

[snowComet]

I believe it was posted a few days ago...

[Guest]

Already been mentioned, but yeah, seriously stupid.

[minibois]

That was a game CaptainSparklez was working on too.

Such a shame.. You can suggest new names in his YouTube video

[QueenDemetria]

That was a game CaptainSparklez was working on too.

Such a shame.. You can suggest new names in his YouTube video

"FortressFuckBethesda" - Khaled Alboga