Posted Fri, Sep 23, 2011 by Martuk
Stand by for more. This one isn't even close to over.
The mudslinging and teeth gnawing battle has had everything from allegations of breach of contract to lawsuits and countersuits, sniping and Interplay’s nearly bankrupt financial woes. Earthrise developer Masthead Studios joined up with Interplay in 2009 to help co-develop Fallout Online (at the time codenamed Project: V13) and has now found itself in Bethesda's crosshairs.
Bethesda put in an application for ex parte to place a temporary restraining order (TRO) on Masthead Studios that was promptly struck down by U.S. District Judge, the Honorable John F. Walter, who according to iptrademarkattorney.com rejected the TRO before Masthead even had a chance to offer opposition. If Bethesda had been successful, they may have very well dealth a crippling blow to Interplay's development efforts.
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. 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. The Court finds that Plaintiff unreasonably delayed in seeking relief, and that the emergency that allegedly justifies a TRO is self-created. Accordingly, Plaintiff’s Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction is DENIED.
This isn’t the only setback that Bethesda has suffered in their legal pursuit. Last year a U.S. District Court judge denied their motion for a preliminary injunction against Interplay, allowing work on the Fallout MMOG to continue. The only thing certain thus far is that this battle is still far from over.