The legal battle between Interplay and Bethesda has grown more heated, as Bethesda recently amended their complaint in an attempt to restrict the use of Fallout's assets.
In legal documents obtained by The Vault Wiki, Bethesda claims that Interplay is illicitly using Fallout assets and symbols in marketing material such as the "Vault Boy" icon and the series logo. The complaint alleges that Interplay asked for approval to use the assets and were rejected, but used them anyway.
Bethesda contends that Interplay "relinquished all right, title and interest in all other Fallout-related intellectual property," which now "solely and exclusively belong[s] to Purchaser [Bethesda]" Interplay argued in a December 3 response that Bethesda does not have exclusive access to the Fallout material.
Bethesda purchsed the Fallout license from Interplay in 2007 and went on to develop Fallout 3. They sub-licensed the franchise back to Interplay so they could develop the Fallout MMO, and are currently arguing that they only licensed the name and nothing else.
The suit also argues that Interplay is in breach of contract for not obtaining $30 million in funding, and not ramping up to "full scale" development by an agree-upon time.