Interplay vs. Bethesda, Continued

There’s no end in sight for the ongoing tussle between Bethesda and Interplay, as The Vault reports that the court has dismissed Bethesda’s counter to Interplay’s counterclaim. That is to say, Bethesda’s claim that the contract unambiguously states Interplay has the right to Fallout’s name only is dismissed, but the main claim and counterclaim will still both be considered.

Bethesda scored a win as Interplay’s claim that putting certain info into court documents hurts its economic interests has been denied. This means a bunch of info will be open to the public as soon as Interplay provides them to the court, which it is obliged to do within 14 days. To wit:

* The monthly sales of pre-existing Fallout games worldwide, including Fallout Trilogy, in dollars and units in order to establish any damages from Bethesda’s trademark infringement claim
* A response to (contention interrogatory) that seeks to glean the factual basis for Interplay’s claim that it complied with the Trademark License Agreement’s ((TLA)) financing provision
* Facts concerning any financing it secured after April 4, 2009 and any development efforts after the same date
* Documents documenting the company’s relationship with Interactive Game Group and Masthead Studios
* The long-form agreement with Masthead Studios
* Documents concerning packaging for the Fallout games
* Documents concerning distribution for the Fallout games
* Documents relating to Interplay’s affirmative defenses of estoppel, waiver, ratification, acquiescence, consent, laches, and unclean hands
* Documents relating to Interplay’s counterclaim
* Documents relating to Glutton Creeper, an Interplay licensee

The first claim is interesting as this might indicate revealing information from Good Old Games sales, something both GOG and Interplay are bound to protest to. Interplay’s rather shady relations with investment group Interactive Game Group are another point of interest.