Fallout for Android: would it be legal?

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I should set a cutom tite
I want to create a Fallout game for Android. I have plenty of ideas and I have some programming experience, but I'm not sure if it's legal.

So, can anyone answer the following questions:
- would it be legal if the game is paid (possibly with a free demo version)?
- would it be legal if the game is free, but has ads?
- would it be legal if the game is completely free and I don't win any profit out of it?

I'm intending to include "Fallout" in its title and base it on the Fallout series. If I don't include "Fallout" in the title, but still base it on the Fallout series, with some small differences, would the answer to any of the above change?
 
I'm not an expert on trademark laws, but I can safely say that at the very least it's not legal if you make any profit of it and that Zenimax's legal team is fairly active. I'd probably just go with making a post-apoc game inspired by Fallout, if I were you, honestly. Saves you the hassle.
 
Even free, they will C&D you, because you're infringing on their possible profits. Fair Use in the US extends to and includes not just making profits but also harming the value/exploitability of someone's property. If Fallout becomes free, even on one platform, its profitability is harmed.

Dunno how many changes you'd need to make to circumvent that.
 
Thanks for the replies. But wasn't there "Fallout 0" and a Fallout game for smart phones - both of them free? How did they happen?

Also, is this only for Fallout, or would it be illegal to do it for most other games too?

And another question, though I'm not sure if anyone would know the answer: what if I create a post-apoc game inspired by Fallout, but I use many of their skills (Small guns, Big Guns, Energy Weapons), though I remove/change some of them?
 
It's illegal, but that doesn't mean you won't get away with it as long as you stay under the radar. I think Fallout 0 was a Russian thing? Pretty hard for Bethesda to get at them.
 
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