Bethesda-parent company ZeniMax recently sent a cease-and-desist letter to the maker of mobile game Fortress Fallout, threatening legal consequences if the name wasn't changed.
Fortress Fallout's maker Jordan Maron, aka YouTube personality Captain Sparklez, posted a YouTube video yesterday, in which he confirmed that the game's name would be changed. He added that he was only acceding because of ZeniMax's financial clout and said he disagreed that there could be any confusion between his game and the Fallout series of post-apocalyptic RPGs.
"Our lawyers said that Bethesda is a notoriously litigious company," he said. "Obviously they have lots of money and resources at their disposal which we don't really have at the moment. So essentially we are being strong-armed into having to change our name, which is unfortunate because I personally don't see how there is any confusion between Fortress Fallout and the Fallout games."
Fortress Fallout is a competitive 2D strategy game for mobile which is currently seeking beta testers and is scheduled to release "soon," according to the game's Twitter page. Fallout from Bethesda is a series of RPGs set in a world ravaged by nuclear war. Last week, Bethesda confirmed that it will be holding its first ever E3 conference, leading to speculation that the firm is planning to announce Fallout 4.
The original game-name was chosen by a community of fans interested in the project. Maron is turning once again to the community for an alternative name.
ZeniMax's letter, shown in the YouTube video, requests that its makers "immediately expressly abandon the [trademark] application for Fortress Fallout," and cease using the name in future promotional material.
Back in 2012, ZenMax sought to stop Mojang releasing Scrolls, arguing that it infringed on its Elder Scrolls franchise. A subsequent legal settlement between the companies allowed the release of the game to go ahead, although Mojang agreed it would not use 'Scrolls' in any sequels.
Polygon sent Bethesda a request for comment.