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Ubisoft’s ‘Gotta Feeling’ Black Eyed Peas Trademark Owners Breached Contract

  • By: Robert Klein

“The Black Eyed Peas Experience,” trailer was released late last year for Wii and Kinect. However, publisher Ubisoft believes there should have been versions for Apple’s iOS platforms as well. The video game website Player Attack reported on October 16, 2012, that Ubisoft has filed a $1 million lawsuit against BEP Music, LLC, the band’s trademark holders.

According to Player Attack, Ubisoft designed a follow-up game based on the Black Eyed Peas’ music for iPhone and iPad and submitted it to BEP in March 2012. However, BEP Music never responded to any of the repeated requests for approval from Ubisoft. Courthouse News Service reported on October 16, 2012, that the two companies entered into a licensing agreement in June 2011 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.” Player Attack also noted that “The Black Eyed Peas Experience for iPad and iPhone” appears on an Ubisoft financial report with an anticipated release date of April-June 2012.

“At the time of BEP Music’s breach of contract, Ubisoft had spent 181,000 Euros (approximately $233,000) in developing the IOS game,” the complaint states. “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.”

If you need help drafting contracts for your company, Los Angeles business litigation attorney Robert G. Klein has more than a quarter-century of experience protecting the interests of business owners in legal matters. You can find more information about interference with contracts and economic relations on our website, and you can contact our firm at (323) 405-1002 or use the form on this page to let our Los Angeles intellectual property infringement attorneys help with your business agreements.

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Robert Klein

About the Author Attorney Robert Klein is a former CPA and known for
finding creative solutions to complex business lawsuits.