Get Up And Dance Makers Sue Ubisoft

October 12, 2011 -

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.

 
Forgot your password?
Username :
Password :

Poll

Poll: Is it censorship when a private retailer decides not to sell a particular video game?:

Shout box

You're not permitted to post shouts.
IronPatriotBut hey, you're welcome.05/29/2015 - 5:23am
Andrew EisenEZK did say he didn't find any info on the appeals process. And if all he did was look at the ratings process part of the ESRB's website, he wouldn't have. That's where I would have looked too. But hey, thanks for being thorough and finding the info.05/29/2015 - 5:01am
Andrew EisenDude, again. I am NOT saying there is no appeals process. THERE OBVIOUSLY IS. All I am saying is that the appeals process is not described in the ratings process part of the ESRB's website.05/29/2015 - 4:59am
IronPatriotI googled appeal esrb.org and it is the first and third hits. Second is esrb talking about appeals for web publishers. Gamefaqs is fourth.05/29/2015 - 4:01am
IronPatriotZachary said he did not find any information about a formal appeals process. I did a simple search and found two places on the esrb site with the info. Just sayin.05/29/2015 - 3:57am
IronPatriotOn Google I get "1 Written Testimony of Patricia E. Vance President ... - ESRB" http://www.esrb.org/about/news/downloads/pvtestimony_6_14_06.pdf05/29/2015 - 3:55am
Andrew EisenNow, that post on GameFAQs was made four years ago. It appears the ESRB has since moved the appeals process stuff behind the publisher login on its website.05/29/2015 - 3:32am
Andrew EisenOh, third link on the Google search. Okay. That leads to a GameFAQs message board which quotes a section of the ESRB website that includes a description of the appeals process. But when you follow the link, that quote doesn't exist.05/29/2015 - 3:30am
Andrew EisenThird link down from what? Look, I'm not arguing the existance of an appeals process. There obviously is one. I was merely noting that it's odd that it isn't described on the website's ratings process section but it is on the mobile site.05/29/2015 - 3:25am
IronPatriotOK, so use the third link down, which describes the appeals process and is not on the mobile site"Publishers also have the ability to appeal an ESRB rating assignment to an Appeals Board, which is made up of publishers, retailers and other professionals."05/29/2015 - 2:47am
Andrew EisenRight, which links to the ESRB's mobile site. On the website (again, unless I'm overlooking it) the appeals process is locked behind the publisher login.05/29/2015 - 2:37am
IronPatriotHuh? Google "appeals esrb". It is the first link. Click it. No login requested.05/29/2015 - 2:31am
Andrew EisenInteresting. It's on the mobile site but unless I'm overlooking it, I don't see it under the Ratings Process on the web site. It is under the publishers section but you can't access it without a login.05/29/2015 - 2:13am
IronPatriot"Publishers also have the ability to appeal an ESRB rating assignment to an Appeals Board made up of publishers, retailers and other professionals. " Esrb05/29/2015 - 2:01am
IronPatriotZachary, did you look on the esrb site? The esrb appeals process pops up when you search "esrb appeals" http://m.esrb.org/faq_09.php05/29/2015 - 2:00am
Andrew EisenThe humor reminds me a lot of Axe Cop.05/29/2015 - 1:37am
WymorenceOh sweet god, Kung Fury is freaking awesome...05/28/2015 - 10:03pm
E. Zachary KnightWonder, I know you can revise content and resubmit it, but I can't findany information about a formal appeals process.05/28/2015 - 7:27pm
Wonderkarpever wonder if there's an appeals process for AO?05/28/2015 - 6:55pm
Matthew WilsonDanny and Andy play the first couple of levels of the upcoming Hatred http://www.gamespot.com/videos/hatred-gamespot-plays/2300-6425016/ imho it does not look like it should be AO.05/28/2015 - 5:57pm
 

Be Heard - Contact Your Politician