Fortress Fallout was a dumb name anyway, and it's possible that the only reason why someone would call there game that would be to bank on consumer's confusion, and so that it would come up in search engines for people looking for news about the other Fallout games. I've seen stranger things than this, so it's plausible. It's not so much that Bethesda owns the word Fallout, but that it was a cheesy thing for the other company to do, if it turns out that's how they were thinking.
As far as Scrolls is concerned, that seems less likely to me, and can understand the ridicule they are getting over that. If you search for Elder Scrolls, it's the Bethesda products that will go to the top because they are better matches.
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GS News - Bethesda Bullies ‘Fortress Fallout’; Next-Gen Darksiders 2!
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GS News - Bethesda Bullies ‘Fortress Fallout’; Next-Gen Darksiders 2!
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