Interplay vs. Bethesda, Continued

This one just keeps on going. It should be no surprise to people following this case that Bethesda’s appeal to a preliminary injunction on FOOL developer Masthead was denied, since the courts already denied multiple requests for injunctions on Interplay, Gamasutra reports.

This week, U.S. District Judge, the Honorable John F. Walter, denied the temporary restraining order requested by Bethesda against Interplay.

“Plaintiff has not demonstrated that it will be irreparably prejudiced if the requested ex parte relief is not granted, or that it is without fault in creating the crisis that requires ex parte relief,” he argued.

“Indeed, Plaintiff was aware as early as February 2011 that Masthead was potentially infringing its copyrights… Yet, Plaintiff waited seven months to apply for ex parte relief.”

He concluded, “The Court finds that Plaintiff unreasonably delayed in seeking relief, and that the emergency that allegedly justifies a TRO is self-created.”