Contested Ubisoft fitness game still coming out?

After the problems between ResponDesign and Ubisoft over what would have been My Fitness Coach became public, we weren't sure what would become of the actual product in question. The last word from Ubisoft (before the $26 million lawsuit was filed) was that the game was no longer part of the My Coach series and would be marketed in the US under the title of ResponDesign's original fitness program, Yourself!Fitness, and as Go Fitness in Europe.

It appears that Ubisoft is going ahead with the game, and, perhaps in the interest of not promoting ResponDesign any more than they have to, the company seems to have chosen Go Fitness as the American title as well, according to a new ESRB rating. Maybe they can make enough from the game to pay ResponDesign.