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Ubisoft is suing the Black Eyed Peas after BEP Music, the band’s representatives, failed to respond to requests to approve an iOS game featuring the band, reports GamesIndustry.
Ubisoft claims it “entered into a license agreement (‘the Contract’), pursuant to which BEP Music licensed to Ubisoft the exclusive, worldwide right to use, among other things, the names and likenesses of a music group and its members … to develop, produce, and distribute a video game … on all existing and future handheld and home consoles and IOS platforms, including the iPhone and iPad.”
A clause in the contract required BEP Music to respond to the submission of a game in no later than 10 days. Ubisoft says it submitted an iOS game to the group in March, but hasn’t heard anything back.
“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 publisher claims.
“Ubisoft has performed all of the obligations required of it under the contract, except as those obligations that have been excused by BEP Music’s conduct or by operation of law.
“At the time of BEP Music’s breach of contract, Ubisoft had spent 181,000 Euros (approximately $233,000) in developing the IOS game.
“As a direct and proximate result of BEP Music’s breach of contract, Ubisoft has suffered damages in an amount in excess of $1,000,000, which not only includes Ubisoft’s out-of-pocket development costs, but also the profits Ubisoft has lost and will continue to lose as a result of BEP Music’s breach of contract.”
The Black Eyed Peas Experience was released for Wii and Xbox 360 in October 2011.
