German publisher CDV has won its High Court battle against SouthPeak – over a claim that the firm failed to supply it four games from subsidiary Gamecock early enough for a Christmas 2008 release.
CDV and Gamecock entered into a distribution agreement in early 2008 for seven Gamecock titles, including Mushroom Men and Velvet Assassin.
CDV claimed in Court that it paid Gamecock advances of over $7 million – but that four of the video games were not delivered early enough to allow for a timely pre-Christmas release in 2008.
CDV alleged that it gave notice to terminate the agreement in relation to the four video games in November 2008, but SouthPeak contested that delivery was not late and rejected CDV’s right to terminate.
In a judgment handed down last week, Mrs Justice Gloster found in favour of CDV on all counts for three of the four games.
CDV is now able to seek an injunction against Southpeak, restraining any further distribution of the titles.
CEO of CDV Christian Gloe commented:
“This is a fantastic result. It has been a difficult year for CDV because of these legal proceedings, but we have benefited from having a committed and talented team which has made all the difference. We can now put these troubles behind us and we look forward to an exciting future.”