Parent company of Bethesda, Zenimax sent a cease and desist letter to YouTuber CaptainSparklez who is also an indie game developer. The main part of the E-Mail reads as follows:
"We ask that XREAL immediately expressly abandon the application for FORTRESS FALLOUT and cease any and all current or proposed uses of any mark incorporating the term FALLOUT."
In response, Jordan Maron (CaptainSparklez) said:
"Our lawyers said that Bethesda is a notoriously litigious company. 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."
Bethesda have gone after other developers in regards to game names. Developer Mojang had developed a game known as Scrolls, of which Bethesda pursued and attempted to force a name change. Bethesda believed that Mojang's Scrolls would be confused with Bethesda's The Elderscrolls.
However this ended amicably and allowed Mojang to use the name Scrolls but would not use the word "Scrolls" in future sequels.
Interestingly Bethesda and Mojang have worked together on the console versions of Minecraft to create a Minecraft - Skyrim mash-up; adding new sounds, textures and skins etc.
Sadly this forced name change is becoming increasingly common in the industry. Mobile game developer King.com and their trademark issue over words such as "Saga" and "Candy". They even went after indie developer Stoic over their Viking-themed tactical RPG The Banner Saga claiming that it would be confused with Candy Crush Saga. They have also gone after other games that have candy icons in them.
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