Category — Struggling Firms
Sony Wins U.K. Lik-Sang Grey Market Case - Lik-Sang Shuts Down
Sony has won a High Court Judgment in the U.K. banning Hong-Kong based Lik-Sang.com from selling PSP consoles into the European Economic Area. While Hong-Kong-based Lik-Sang did participate in pre-trial activities, it did not show up in court to contest the case. Thus, a default judgment was awarded to Sony.
This action was launched in August of 2005 when Lik-Sang sold PSPs into Europe after Sony delayed North American and European shipments for many months after the Japanese PSP launch. The same sort of delay is about to occur with the PS3. Sony is launching the PS3 in the Japanese and North American markets months before Europe.
[October 24 Update:]After years of fighting Sony, Lik-Sang has closed its e-doors. In an interesting side-story, Sony’s European management purchased Sony products from Lik-Sang when unavailable in Europe (See BBC Story). Pascal Clarysse, former marketing manager for Lik-Sang, had this to say on closing:
“Blame it on Sony. That’s the latest dark spot in their shameful track record as gaming industry leader. The ‘empire’ finally won. A few dominating retailers from the U.K. probably will rejoice (in) the news, but everybody else in the gaming world lost something today.”
Sony dismissed this as sour grapes. A similar Hong-Kong-based case between the parties continues.
Dale’s Comment: I understand Sony’s need to protect the interests of its European distributors and its trademarks. I also understand its wanting to protect its own economic interests by means of region-by-region product launches. But its claim that the lawsuit was brought to protect consumers’ safety is, of course, nonsense.
In a world of global markets with the ability to deliver products throughout the Globe overnight, one wonders if this market-by-market distribution model is appropriate any more. It certainly is far from consumer friendly or fair. Lik-Sang met a real consumer need. Through Lik-Sang, Sony’s most loyal fans had a means to purchase Sony products long before Sony had the wherewithal to launch/distribute products in their particular country. Sometimes it takes years before Sony launches a product into a given market (if ever). With this ruling, there is no legal way for etailers to sell into markets not served, or underserved by Sony and its resellers.
As a Canadian living right next to the U.S., I have oft experienced the frustration of not being able to purchase products and services only made available in the U.S. I relish the fact that etailers such as Lik-sang are willing to serve the needs of consumers in under-served regions of the world.
Lawsuit Stories: Gamasutra | Engadget | GameIndustry.biz | GameSpot | *GameDaily.biz | PC Pro | IGN | ars technica | TVG | BetaNews | Pocket-lint | GameIndustry.biz| Daily Tech
Lik-Sang Closing Stories: Lik-Sang.com Notice | Gamastura | ars technica | Outlaw.com | ZDNet | Engadget | BBC | GameSpot | GameDaily.biz | GameShout | CNet | afterdawn | PC Pro | IGN | NeoSeeker | Pocket-Lint | Gizmodo | Inquirer | Hexus | GameIndustry.biz | EuroGamer | Kotaku | Gadgetspy | PC World | Games Digest
Blogosphere: Bit-tech.net
Engadget Podcast 93 Coverage (Time Index 4:44-12:33).
- Sony Wins U.K. Lik-Sang Grey Market Case - Lik-Sang Shuts Down (Oct 20-24, 2006)
- Sony Sues Online Retailer for PSP Sale (August 8, 2005)
- Sony Wins Another PSP Import Case Against Nuplayer (July 20, 2005)
- Sony Wins Injunction Against PSP Importer ElectricBirdLand (June 27, 2005)
- Sony and UK Retailer in Dispute over PSP Trademark Issues (June 3, 2005)
Categories: Distribution Agmt Cases, Grey Market Cases, Import/Export Cases, Struggling Firms, Trademark Cases
Acclaim’s Final Bankrupted Assets up for Auction
Acclaim went bankrupt in 2004. In June 2005 former Activision executive Howard Marks purchased the company’s name/trademarks and has set up a new company using the name. The remaining Acclaim assets, including the IP to 150+ video games, are set for auction on May 11, 2006.
Source: Gamasutra
Categories: Struggling Firms
Visual Science to Launch Legal Action Against Viviendi
Harry Potter and Medal of Honour game developer Visual Science, based in Dundee, seeks bankruptcy protection and plans legal action against Vivendi after Vivendi terminated a development contract “without grounds”.
Dale’s Comment: This will all, of course, hinge on the terms of the development agreement. Did Vivendi actually “need” to have a reason for terminating? Commercial agreements frequently have termination for convenience clauses which allow one party to terminate the agreement for any reason or no reason at all.
Sources: GameIndustry.biz | EuroGamer | MCV
See also: Earlier related GameIndustry.biz story.
Categories: Publisher/Developer Cases, Struggling Firms
Gizmondo Europe to be Liquidated
The British High Court denies application for bankruptcy protection and orders Gizmondo to be wound up. Tiger Telematics is hoping to salvage some assets from subsidiary’s demise.
Source: Gamespot | Next Generation | GameIndustry.biz | Red Herring | 1Up.com | Gamasutra | Engadget | Joystiq
Related Posts:
- Gizmondo Europe to be Liquidated (February 7, 2006)
- Gizmondo Europe Files for Bankruptcy Re-Organization (January 23, 2006)
- Gizmondo May Hand over Smart Adds Inc. to Repay $21m Debt (January 16, 2006)
- Gizmondo Settles Jordan Lawsuit, Raises New Capital (September 7, 2005)
- Handheld Games Sues Tiger Telematics, Makers of the Gizmondo Portable Gaming System (June 8, 2005)
Categories: Struggling Firms
Gizmondo Europe Files For Bankruptcy Re-Organization
Tiger Telematics subsidiary and handheld game hardware company Gizmondo Europe filed a High Court application for administration in the United Kingdom
Sources: Gamasutra | Gamespot | Next Generation | GameIndustry.biz | Red Herring | 1Up.com
Related Posts:
- Gizmondo Europe to be Liquidated (February 7, 2006)
- Gizmondo Europe Files for Bankruptcy Re-Organization (January 23, 2006)
- Gizmondo May Hand over Smart Adds Inc. to Repay $21m Debt (January 16, 2006)
- Gizmondo Settles Jordan Lawsuit, Raises New Capital (September 7, 2005)
- Handheld Games Sues Tiger Telematics, Makers of the Gizmondo Portable Gaming System (June 8, 2005)
Categories: Struggling Firms
Gizmondo May Hand Over Smart Adds Inc. to Repay $21m debt
Tiger Telematics, the US parent company of struggling handheld console firm Gizmondo, has revealed that it has offered the stock, IP and patents of its Smart Adds subsidiary as equity on a $21.2 million loan from two shareholders. Smart Adds pushes video ads to mobile devices.
Sources: GamesIndustry.biz | Gamasutra | Joystiq | Engadget | Gamespot | GameDaily.biz
Related Posts:
- Gizmondo Europe to be Liquidated (February 7, 2006)
- Gizmondo Europe Files for Bankruptcy Re-Organization (January 23, 2006)
- Gizmondo May Hand over Smart Adds Inc. to Repay $21m Debt (January 16, 2006)
- Gizmondo Settles Jordan Lawsuit, Raises New Capital (September 7, 2005)
- Handheld Games Sues Tiger Telematics, Makers of the Gizmondo Portable Gaming System (June 8, 2005)
Categories: Struggling Firms
Digital Jesters Wound-Up By British Court
A joint press release from international developer KaosKontrol and French publisher Focus Home Interactive claims that a “winding-up order” has been obtained from the British High Court against troubled publisher Digital Jesters, meaning that this incarnation of the company is no longer allowed to continue trading.
Sources: Gamasutra | GameSpot | GameIndustry.biz
Related Posts:
- Digital Jesters Wound-Up by British Court (January 11, 2006)
- Super X Parts Ways with Publisher Digital Jesters (December 1, 2005)
- Kylotonn Severs Digital Jesters Ties (November 23, 2005)
- Developers Threaten Digital Jesters with Legal Action (November 7, 2005)
Categories: Publisher/Developer Cases, Struggling Firms
Super X Parts Ways with Publisher Digital Jesters
Seattle-based independent game developer Super X Studios has announced that it is terminating the company’s agreement for its Independent Games Festival-winning Xbox and PC safari adventure title Wild Earth with apparently still-troubled UK-headquartered publisher Digital Jesters and related companies.
Source: Gamasutra
Related Posts:
- Digital Jesters Wound-Up by British Court (January 11, 2006)
- Super X Parts Ways with Publisher Digital Jesters (December 1, 2005)
- Kylotonn Severs Digital Jesters Ties (November 23, 2005)
- Developers Threaten Digital Jesters with Legal Action (November 7, 2005)
Categories: Publisher/Developer Cases, Struggling Firms
Kylotonn Severs Digital Jesters Ties
Representatives from French developer Kylotonn Entertainment have announced that the company has terminated its distributing and publishing agreement with UK-headquartered publisher Digital Jesters with immediate effect, complaining of a series of breaches of contract.
Source: Gamasutra
Related Posts:
- Digital Jesters Wound-Up by British Court (January 11, 2006)
- Super X Parts Ways with Publisher Digital Jesters (December 1, 2005)
- Kylotonn Severs Digital Jesters Ties (November 23, 2005)
- Developers Threaten Digital Jesters with Legal Action (November 7, 2005)
Categories: Distribution Agmt Cases, Publisher/Developer Cases, Struggling Firms
Developers Threaten Digital Jesters with Legal Action
The UK Game publisher Digital Jesters has been accused by game developers of breaking contracts, failing to account for royalties, failing to pay game studios and otherwise breaching their contracts.
Source: GamesIndustry.biz
Related Posts:
- Digital Jesters Wound-Up by British Court (January 11, 2006)
- Super X Parts Ways with Publisher Digital Jesters (December 1, 2005)
- Kylotonn Severs Digital Jesters Ties (November 23, 2005)
- Developers Threaten Digital Jesters with Legal Action (November 7, 2005)
Categories: Publisher/Developer Cases, Royalty Disputes, Struggling Firms
Gizmondo Settles Jordan Lawsuit, Raises New Capital
Gizmondo has settled its sponsorship agreement lawsuit with Jordan Grand Prix in an out of court mediation by the payment of $1,500,000 in cash and the issuance of 30,000 shares of the Company’s restricted common stock. Gizmondo had contracted with Jordan to feature Gizmondo advertisements on the side of Formula 1 race cars.
Source: Gamasutra
Related Posts:
- Gizmondo Europe to be Liquidated (February 7, 2006)
- Gizmondo Europe Files for Bankruptcy Re-Organization (January 23, 2006)
- Gizmondo May Hand over Smart Adds Inc. to Repay $21m Debt (January 16, 2006)
- Gizmondo Settles Jordan Lawsuit, Raises New Capital (September 7, 2005)
- Handheld Games Sues Tiger Telematics, Makers of the Gizmondo Portable Gaming System (June 8, 2005)
Categories: Misc. Contract Cases, Settlements, Struggling Firms
Austrian Court Rules in Favour of JoWooD
A Vienna court has rejected a petition by Australian developer Perception to have publisher JoWooD declared bankrupt after a series of disputes between the two companies.
Sources: Gameindustry.biz | GamaSutra | JoWooD Accused of Libel by Perception
Categories: Publisher/Developer Cases, Struggling Firms
Ontario’s Hip Interactive to Cease Operations
Bad times hit Canadian game publisher as solution for economic woes eludes them.
Sources: Gamespot | Gamasutra | TeamXbox | Softpedia | CNW | IGN
Categories: Canadian Developers, Struggling Firms
Handheld Games Sues Tiger Telemeatics, Makers of the Gizmondo Portable Gaming System
Handheld Games seeks $75,000 in damages saying that neither the promised Gizmondo development kits nor the final master license agreement ever arrived.
Source: Gamasutra | GameIndustry.biz | TVG | Ferrago
Related Posts:
- Gizmondo Europe to be Liquidated (February 7, 2006)
- Gizmondo Europe Files for Bankruptcy Re-Organization (January 23, 2006)
- Gizmondo May Hand over Smart Adds Inc. to Repay $21m Debt (January 16, 2006)
- Gizmondo Settles Jordan Lawsuit, Raises New Capital (September 7, 2005)
- Handheld Games Sues Tiger Telematics, Makers of the Gizmondo Portable Gaming System (June 8, 2005)
Categories: Misc. Contract Cases, Struggling Firms
Creative Puts Aureal Out of its Misery
Litigation is business by other means, as Creative Technology’s $32 million takeover of moribund rival Aureal Semiconductor proves.
Sources: The Register | Tech Report
Related Posts:
- Creative Puts Aureal Out of its Misery (September 25, 2000)
- Aureal Defeats Creative Patent Infringement Case (December 13, 1999)
Categories: Patent Cases, Settlements, Struggling Firms
Aureal Defeats Creative Patent Infringement Case
Aureal has won its legal battle with arch-rival Creative technology when a US jury threw out Creative’s claim that Aureal Vortex sound processor chip violated Creative intellectual property.
Sources: Gamasutra | The Register
Related Posts:
- Creative Puts Aureal Out of its Misery (September 25, 2000)
- Aureal Defeats Creative Patent Infringement Case (December 13, 1999)
Categories: Decisions, Patent Cases, Struggling Firms
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