Video game publisher Interplay Entertainment Corp. has sued privately held game developer BattleBorne Entertainment Inc. over a deal that Interplay said was improperly terminated.
The suit, filed in Los Angeles Superior Court on Monday, claims that BattleBorne terminated without cause an agreement between the two to produce the game “Airborne,” then refused to return a $250,000 advance from Interplay.
BattleBorne declined to comment on the suit.
According to the filing, Interplay and BattleBorne struck a deal for “Airborne” on June 5, 2003, and on June 13 Interplay paid the developer a $250,000 advance.
Interplay claimed BattleBorne sent it a letter on Sept. 29 terminating the deal and asserting ownership of “Airborne.” In late December, BattleBorne announced a publishing deal with Acclaim Entertainment Inc. for the game.
The suit, which claims breach of contract and unjust enrichment among other factors, seeks damages of at least $250,000, plus 10% interest from last June, and the return of the “Airborne” rights to Interplay.