Bethesda has been denied in its appeal over an earlier decision prohibiting them from getting a temporary injunction over Interplay’s Fallout Online.
The Elder Scrolls studio suggested the US district court had “abused its discretion and misapplied the law” in its previous ruling last month, Joystiq has reported.
The United States Court of Appeals rejected this claim however, with Bethesda unable to show that Interplay’s game would do “irreparable harm” to the publisher and franchise.
The dispute over the Fallout franchise has raged on for four years, and it seems unlikely the latest development will be the end of the matter.