UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest event reported): September 14, 2009
INTERPLAY ENTERTAINMENT CORP.
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(Exact name of registrant as specified in its charter)
DELAWARE 0-24363 33-0102707
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(State or other jurisdiction (Commission (I.R.S. Employer
of incorporation) file number) Identification No.)
100 N. CRESCENT DRIVE, BEVERLY HILLS, CALIFORNIA 90210
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(Address of principal executive offices)
(Registrant's telephone number, including area code): (310) 432-1958
Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions:
[_] Written communications pursuant to Rule 425 under the Securities Act
(17 CFR 230.425)
[_] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17
CFR 240.14a-2)
[_] Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))
[_] Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240. 13e-4(c))
Item 8.01 OTHER EVENTS
On September 8, 2009 Bethesda Softworks LLC ("Bethesda") filed a Complaint for
Declaratory Judgment, Preliminary Injunction and Other Relief against Interplay
Entertainment Corp. ("Interplay"). The complaint was filed with the United
States District Court for the District of Maryland.
Bethesda seeks to cancel the trademark license agreement that Bethesda and
Interplay entered into on April 4, 2007, which conditionally allows Interplay to
use the FALLOUT(R) brand in conjunction with its currently-in-production
massively multiplayer online game. Bethesda claims that Interplay breached the
trademark license agreement because it allegedly failed to commence full scale
development and satisfy a funding requirement within a specified time frame.
Bethesda also seeks to terminate Interplay's rights with respect to the
previously released FALLOUT(R), FALLOUT(R) 2, and FALLOUT(R) Tactics games.
Interplay adamantly disputes these claims. Although the potential damages are
currently unknown, if Bethesda ultimately prevails, Bethesda could obtain
damages and cancel the trademark license agreement, Interplay could lose its
license to use the FALLOUT(R) brand with respect to its massively multiplayer
online game and/or its license to distribute the back catalog FALLOUT(R) titles.
Interplay has retained The Gersh Law Firm to defend its rights and to redress
damages caused by Bethesda.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
INTERPLAY ENTERTAINMENT CORPORATION
(Registrant)
DATE: September 14, 2009 By /S/ HERVE CAEN
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Herve Caen
Chief Executive Officer and Interim
Chief Financial Officer
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