The Fallout trademark can't be infringed upon

Feb 18, 2015 10:07 GMT  ·  By

Bethesda and parent company Zenimax have once again started a new dispute concerning a video game trademark, as this time around they're targeting independent project Fortress Fallout, demanding that it change the name in order to avoid infringing on the Fallout trademark.

Bethesda is one of the most popular mid-size game developers and publishers out there, rolling out great experiences like Fallout 3 or The Elder Scrolls V: Skyrim, while having helped publish the likes of Wolfenstein: The New Order or The Evil Within last year.

However, the company also has a reputation for fiercely defending its rather shaky trademarks, gaining notoriety when it sued Minecraft developer Mojang for its Scrolls game, as it supposedly infringed on its The Elder Scrolls trademark.

Bethesda's lawyers are at it again, this time with Fortress Fallout

Now, it seems that the company hasn't learned and continues its bullying tactics. Independent developer Xreal confirms, via Gamesindustry, that it's received a letter from Zenimax, the parent company of Bethesda, that forces it to rename its upcoming Fortress Fallout game in order to avoid infringing on the Fallout trademark.

Apparently, the company believes that a trademark on Fortress Fallout, which is a free-to-play strategy game, will cause confusion and infringe on the post-apocalyptic role-playing shooter franchise made by Bethesda.

While Xreal could engage in a lawsuit battle with Bethesda, the company doesn't possess the money required for such an endeavor and will have to just change the name of the game in order to avoid any courtroom battle.

"So, essentially, we're being strong-armed into having to change our name," Xreal founder Jordan Maron says. "Which is unfortunate, because I personally do not feel that there's any confusion between Fortress Fallout and the Fallout game franchise. I don't believe that people would see Fortress Fallout on the App Store and say, 'Hey, it must be a sequel in the Fallout series.'"

As of yet, Bethesda hasn't commented on its actions against Fortress Fallout.