Publisher Ubisoft has filed a $1 million lawsuit against BEP Music LLC in Superior Court claiming that it created an iOS versions of a popular Wii game, which its client refused to acknowledge as per a licensing agreement the two companies entered into in June of 2011.
Ubisoft claims in its lawsuit that it "entered into a license agreement ('the Contract')" with BEP Music giving the "exclusive, worldwide right to use the names and likenesses" of an unnamed music group to develop, produce, and distribute a video game on handheld, home consoles and IOS platforms.
Ubisoft claims that this agreement had a provision that BEP Music had to notify Ubisoft "in writing" whether it approves [of] the submitted material within ten (10) business days. The company said that it submitted an iOS game in March of this year to the company but BEP Music never responded. The company continued to try and elicit a response to BEP Music, but the company never responded in any way.
"Since March 2012, and despite Ubisoft's repeated requests, BEP Music has breached the contract by failing and refusing to either approve or disapprove the IOS game in writing or otherwise," the complaint reads.
The company goes on to say that it has met its obligations required of it under the contract and that it spent 181,000 Euros (approximately $233,000) in developing the IOS game.
Because of BEP's breach of the contract, Ubisoft claims to have suffered damages in excess of $1,000,000, which includes Ubisoft's out-of-pocket cost for developing the game, and lost profits on past and future sales of the title. Ubisoft published the Wii version of the game – which it does not name in its complaint – in October of 2011. While Ubisoft does not name the game, the only game released in October of 2011 under the Ubisoft brand was Just Dance 3 for the Wii.
Source: Courthouse News