Bethesda Goes Corrupt Greed Once Again

[AlphaSquadron]

I'm sure hardly any of us are lawyers. A decent college or university usually teaches this stuff around the 2nd year depending on the major of study. Now I'm starting to feel bad for the dude as now he might be used by professors as an example and become ridiculed by their students. 

[Captain Cobra]

screw paying out all that money when I can get superior legal advice right here for free.

 

You have to prove you're worthy first. :^)

[Kendo 2]

Fallout, Fallout 2, Fallout 3, Fallout Tactics, Fallout New Vegas,  Fortress Fallout....Yeah, no reason to think that 'Fortress Fallout' is a Zenimax/Bethesda release.  I would never associate a successful game series with Fallout in the title with another game named Fortress Fallout.

 

And if Bethesda did release a game named Fortress Fallout it would be buggy as fuck, unfinished AND I wouldn't buy it until it was on sale off of Steam or in the sale bin at Fry's for $15.00.

[Sacremas]

If I did a google search on Fallout and Fortress Fallout came up, I would click on it, it's that simple and that's the only reason for this infringement and probably the reason he named it that to begin with.

 

As for Fallout Online, feck em, none of the original Fallout creators are with Interplay anymore because they got sacked, everything I've seen of that indicates it would have been a disaster, I'd much rather look at something like Wasteland 2 and basically consider it Fallout Tactics 2 than that, as that's basically by the original Fallout people (the ones who aren't working for the people Bethesda let make Fallout New Vegas of course).

[Arethiel]

US Trademark Law requires the company holding the trademark (Zenimax/Bethesda for Fallout) to aggressively defend it, or else they risk losing the trademark altogether.  

Also, Fortress Fallout is very similar to Fallout, and as such it CAN be confused with a Bethesda game and if this had gone to court the guy would have lost and Bethesda would have won.

[Kamen Rider Kuuga]

So this is just a case of people railing against a "big evil company" because some nobody indie dev cries about the "big evil company" protecting their copyright. Oh no, the world is ending because some no name putz cannot make a shitty mobile game with a trademarked word in the title! We must gnash our teeth and proclaim to never buy anything from the "big evil company" that may have stopped yet another worthless, abandoned in three months piece of mobile trash from coming out.

 

I laugh at people tossing around bullying in regards to this, by the way. Bunch of armchair wannabe journalists spewing bullshit just to get that mighty quarter of a cent from a click.

[ButchDiavolo]

What I find most annoying in this case, is immediately calling Bethesda/ Zenimax corrupt and greedy. As has been stated many, many times by now, ANY company is required by US Trademark Law to aggressively defend their trademark. Or they will forfeit the trademark. This has nothing to do with being either corrupt or greedy. Anyone with a registered trademark will have to do this or they might as well not trademark their product/ name etc at all. It is a common business practise, which the "independant developer" should know about. In fact, anyone with half a brain should know about this. it is after all the law.

For me it is quite clear that the independant dev. wanted to piggyback on the name of a well defined and established brand. And they got caught out. And now they are attempting to play the woe-is-me card. Sorry bubba, no dice. You made the decision, now face the consequences. The game isn't out yet, so it is easy to rename it. Just make sure the name you choose is not trademarked. Anyone trying to develop a product should first do research into this and many other things. Again, common business practise and common sense.

 

So no, Bethesda/ Zenimax are not corrupt nor greedy in this case. The indi dev is entirely at fault.

[Koko.Hekmatyar]

You could say the corrupt and greedy party in this matter is in fact the indi dev(s) not Bethesda. One is defending their product the other is trying to use fallout's popularity to make his game more popular through association. 

[pinky6225]

Similar-ish issue with http://www.geeksaresexy.net/2013/05/30/games-workshop-defeated-over-space-marine-book/ author of a book decided to use space marine in the title which games workshop didnt like although in that case they then lost.

 

Considering fallout series is a game and fortress fallout is a game i think the potential for confusion is quite a lot higher since any warhammer 40k fan would have looked once at that title and known it wasn't anything to do with warhammer 40k

[bjornk]

So, basically by buying the game's rights from Interplay, Zenimax has kidnapped the common term "fallout" and you guys think it's their right to threaten people who want to use the term in their products with lawsuits, because some idiot might associate a title featuring the word "fallout" with the game "Fallout" due to its popularity. If your laws allow this kind of hijacking of common words/terms/names then you are fucked.

[Captain Cobra]

Games Workshop can huff and puff and scream all they want, but space marine is such a generic sci-fi term that I don't think they're going to get 100% control over the term.

[DoctaSax]

So, basically by buying the game's rights from Interplay, Zenimax has kidnapped the common term "fallout" and you guys think it's their right to threaten people who want to use the term in their products with lawsuits, because some idiot might associate a title featuring the word "fallout" with the game "Fallout" due to its popularity. If your laws allow this kind of hijacking of common words/terms/names then you are fucked.

 

People can use the common term "fallout" al they want as a common term. I think there's good enough reason though for Beth to have a problem with an upcoming game release with "Fallout" as part of the title right when they're supposed to announce FO4, especially considering the money spent on its development and marketing.

 

[Kendo 2]

So, basically by buying the game's rights from Interplay, Zenimax has kidnapped the common term "fallout" and you guys think it's their right to threaten people who want to use the term in their products with lawsuits, because some idiot might associate a title featuring the word "fallout" with the game "Fallout" due to its popularity. If your laws allow this kind of hijacking of common words/terms/names then you are fucked.

Fallout is not a common word.  If the dev had named his game 'Fall Out Fortress' then he could have avoided this initial rush by Zenimax to squash him.  Fallout = an existing game.  Fall out  = lots of things.

• A drill sergeant can yell, "You worms fall out!  Move it!" to get his men to leave formation.
• A couple gets into a quarrel so they had falling out.
• Fall out also describes anything drifting to Earth as a result of gravity. Leaves, isotopes, Biblical frogs, etc.

Zenimax doesn't own 'fall out' and other corporations before them have tried to hi-jack common everyday terms and phrases and copyright/trademark them.  Courts never rule in their favor in those instances.  What Zenimaz bought the rights to is 'Fallout', styled exactly that.

[prideslayer]

So, basically by buying the game's rights from Interplay, Zenimax has kidnapped the common term "fallout" and you guys think it's their right to threaten people who want to use the term in their products with lawsuits, because some idiot might associate a title featuring the word "fallout" with the game "Fallout" due to its popularity. If your laws allow this kind of hijacking of common words/terms/names then you are fucked.

Something is fucked here, but it's not this particular law.

 

It's this display of ignorance that can only be intentional, after the situation has been explained repeatedly.

 

This guy deserves as little respect, admiration, or sympathy as some other jerkoff calling his new company 'intel computers.'

[bjornk]

Fallout is not a common word.

It is a common technical term. That's why I linked this in the above post ->fallout.

 

If the guy were using the title "Fallout" along with its specific logo, or with something else that we all associate with the game series, such as the Vault Boy, then I'd agree with you.

[darkconsole]

its more zenimax than bethesda imho.

 

zenimax is that umbrella asshole company that more or less absorbed all the original game studios in an attempt to recreate the clusterfuck that is EA style development.

[AlphaSquadron]

 

Fallout is not a common word.

It is a common technical term. That's why I linked this in the above post ->fallout.

 

If the guy were using the title "Fallout" along with its specific logo, or with something else that we all associate with the game series, such as the Vault Boy, then I'd agree with you.

 

 

I tend to associate the word fallout with the first definition rather than the second. I actually didn't know the second one was used with 'fallout' since I tend to break them into two words. Luckily the English language gives you options to make all kinds of names, and indie studios before this haven't disappointed me with silly, but meaningful names such as Geometry Dash and Fez.

[ratrace]

Hmmmm... when I look up the word "Fallout" in the biggest german encyclopedia, the "Duden", there's no mention of a Bethesda game. Instead it says something about radioactive precipitation. OF COURSE IT DOES.

 

Patent law has nothing to do with common sense, once again.

 

I'm glad that I'm not one of the lawyer suits at ZeniMax. I can enjoy myself without doing a fucked up job like that.

[bjornk]

The term "fallout" had existed long before the Fallout game series.

 

http://en.wikipedia.org/wiki/Nuclear_fallout

 

The indie dev in question doesn't even use that term. His game clearly has nothing to do with the Fallout game series and he gets threatened because he didn't spell it as Fall-out.

[prideslayer]

Why is it so hard to understand that this has nothing to do with it being an english word, in common usage or not? It has to do with protecting a brand name within the specific market in which that name has value. Seriously stop being so intentionally obtuse.

 

Zenimax protecting their legally owned trademark (It's not a patent nor is it a copyright -- and it's hard to take you seriously when you keep using the wrong terms.) within the space in which that trademark applies, in a manner completely consistent with protecting their brand.

 

You don't see them suing or threatening fallout boy (the band), or me (over fallout mod manager), or any of the numerous other titles with 'fallout' in their name in the various app stores, do you.

 

No.

 

Because they're not.

 

Because they're not doing any of the things you claim they are.

 

And you know it.

 

But you can't acknowledge it because you're too vested in believing that they are evil, therefore, everything they do is also evil.

 

Which makes me wonder why you even play their games to begin with, and thus, why you're even here.

[bjornk]

The indie game in question has nothing to do with the trademark they own for the Fallout game series. Oh perhaps you've seen a Fallout logo, something else associated with the game series in that indie game, that none of us have been able to?

[prideslayer]

As I said, intentionally, willfully ignorant. The issue is over the "Fallout" trademark, and the industry, nothing else your wild imagination can conjure.

[Koko.Hekmatyar]

I'm starting to think some of you actually are as stupid as you are making your selfs appear to be. If it had been a book named fortress fallout odds are Zenimax/Bethesda wouldn't have done anything BECAUSE it's a book aka different media. HOWEVER, The item in question is another video game that is using a Trademarked name in their title. Hence the cease and desist order giving them a chance to change it before legal action is taken.

 

Honestly they should be glad as I said before other companies such as Sega don't even bother with those they skip right to the lawsuit.

 

This is life people trademarks, copyrights, and patents have to be closely monitored and defended otherwise any yahoo can steal your work and make money off it. Don't like it then don't join the corporate world.

[bjornk]

Heh, back to square one, eh? Fallout as a trademark is only valid for a specific product, used in a specific style, with its logo and other game art and the story. You cannot extend it to include anything that has the word fallout in it.

 

You basically think that in order to protect their interests in the market, they have the right to threaten or sue "game developers", but only game developers, who wish to use the term "fallout" in their product title, even if the game has nothing to do with the Fallout series. That's basically what you claim.

 

So, for instance, let's assume that as an indie game developer, I've created a game that takes place in a post-nuclear war world, which has nothing to do with the world of Fallout, and I wish to title it as, say "The Fallout", or "Fallout Shelter", and they have the right to sue me for that? Then it's nothing but hijacking a common term.

[prideslayer]

Heh, back to square one, eh? Fallout as a trademark is only valid for a specific product, used in a specific style, with its logo and other game art and the story.

Yes back to square one, where you're still wrong.

 

The logo has nothing to do with it. Neither does the style. Especially not the product, as a trademark is specifically intended to identify a product -- and is not to be used for other products.

 

What part of that is still beyond your grasp?

 

Your example is one where yes, it's specifically designed to prevent that. Grow an imagination and name your game something else.