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$1M Fight Over Wii Game

LOS ANGELES (CN) - In a $1 million complaint, video game developer Ubisoft claims it created an iPad and iPhone version of a popular Wii game, which its client refused to accept, reject or pay for.

Ubisoft sued BEP Music LLC in Superior Court.

It claims that in June 2011 it and BEP "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."

The contract stated "that BEP Music shall notify Ubisoft 'in writing whether it approves the submitted material or not, as soon as possible but in any event no later than ... within ten (10) business days," the complaint states.

Ubisoft claims that in March this year it "submitted the IOS game to BEP Music for its written approval pursuant to the contract. BEP Music never responded to Ubisoft's request for approval of the IOS game within the requisite ten business days, or ever. Thereafter, Ubisoft continued to repeatedly request, both orally and in writing, that BEP Music approve the IOS game.

"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.

"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 Wii version of the game was released in October 2011 "after obtaining BEP Music's requisite approval ... [and] is currently still being distributed pursuant to the contract and has thus far been successful for Ubisoft," the complaint states.

The complaint does not state the name of the music group nor the game.

Ubisoft is represented by Megan Rivetti, with Greenberg, Glusker, Fields, Claman and Machtinger.

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