OG International Ltd and O-Games Inc. filed a complaint for a declaratory judgment against Ubisoft Entertainment S.A. and Ubisoft, Inc. on Oct. 7, 2011, in the Northern District of California related to its upcoming dance rhythm game, Get Up and Dance. The companies are looking for the court to give them a declaratory judgment saying that the game "does not infringe upon any copyright or trade dress rights embodied in Ubisoft's Just Dance video games, and that OG International's development, publication and sale of Get Up And Dance did not and does not constitute unfair competition under federal and California state laws."
Get Up And Dance is set to be released in the United States on Nov. 8, and in the United Kingdom on Nov. 4 for Wii and PlayStation Move.
"Get Up And Dance is a creative, innovative and fun dance and fitness game," said Jim Scott, CEO of OG International Ltd. "We have a great product with strong unique features like Group Mode, which allows dancers to dance and score together in their own dance group. We are disappointed that Ubisoft has made unjustified accusations about our game and forced us to file a complaint."
OG International Ltd is the parent company of O-Games Inc., which is the North American subsidiary of the game publishing company. Get Up And Dance is developed by Gusto Games and is rated T for Teen by the Entertainment Software Rating Board (ESRB).




Comments
Re: Get Up And Dance Makers Sue Ubisoft
So... They are preemptively suing Ubisoft to prevent Ubisoft from suing them for copying Just Dance? Have I got that right?
Re: Get Up And Dance Makers Sue Ubisoft
Looks that way. Basically getting a judge to say "no you can't sue them because it's already been determined that what they're doing is legal".
Interesting tactic, though one that throws a lot of suspicion on OG and O-Games.
Re: Get Up And Dance Makers Sue Ubisoft
It's not so much pre-emptively suing Ubisoft, It's preventative action, since apparently Ubisoft has already made accusations, but haven't yet taken legal action.
Atlanta Video Games Examiner for examiner.com