Originally Posted by Onex
Except in this case, he did not steal a bunch of posters from Bethesda, he has created his own in the style of fallout, and this fallout style was used back in the 1950s so it is not a style bethesda owned, so he is not in the wrong. Its like someone went and read a documentary style book on ww2 and decided to write his own. Is it stealing? No
Fallout is registered by Bethesda Is agreed but there are other companies that have claimed trademark status for the uses of the word fallout. One of them being falloutx that provides dietary products and another company that is simply trademarked the word fallout. If you would like you can take a search in the us trademark database. As for the domain name being official and misleading that is not the case, if you visited the site and scrolled down to the bottom it explicitly says this is in no affiliation with bethesda.
If I made a game and had fans dedicated their money and time to setup a fan site for my game I would be humbly honored, why because I feel appreciated for the work. Once again there was no copyrighted material being distributed.
He didn't create his own in the style of Fallout. They are recreations of things that were already in Fallout, such as Sunset Sarsaparilla and Poseidon Energy advertisements. One example is the following:
He took that and recreated it so it would fit perfectly on printer paper. Not only is the original idea not his at all, but it interferes with a market for posters that actually exists. To top it off, his website is fallout-posters.com which would easily be found by simply googling "fallout posters" which a fan might do if he's looking to buy Fallout prints from a site that is legitimately distributing posters. However, why would he buy a poster when he sees that he could print one off for free?
In the end, it's not just one thing that this person did, but everything combined that puts him in the wrong. The "recreations", the distribution, the website; All of it contributes to the fact that was he did does not fall under fair use, even if he wasn't making money off of them. I don't see Bethesda wrong with this at all. I'm not just saying this because I like Bethesda, either. I disagreed with every part of the Bethesda vs. Mojang case and am glad they lost. However, this is nothing like that and this person is in the wrong.