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SouthPeak to stop selling 'My Baby' during legal issues
While SouthPeak continues its legal dispute with My Baby developer Nobilis and publisher Majesco over the rights to the franchise and My Baby 3, the publisher will discontinue selling My Baby Girl and My Baby First Steps. SouthPeak Chairman Terry Phillips stated in an investor call today, "We firmly believe we are the rightful holder of the intellectual property to this franchise." He continued that the company is currently in court proceedings to resolve, what he calls, the wrongful termination of its agreements with Nobilis and is seeking damages for the developer soliciting the My Baby 3 rights to Majesco. He concluded that the company plans to "vigorously" defend its position. The My Baby franchise has been a "significant" part of the company's revenue, according to Phillips. So, missing My Baby 3 -- along with the other titles -- from the portfolio isn't helping SouthPeak's already glum financials.
Nobilis fires back at SouthPeak over My Baby IP, blames lack of payment for Majesco move
Responding to recent legal action between former My Baby franchise publisher SouthPeak Games and new publisher Majesco Entertainment, My Baby developer (and IP owner) Nobilis has placed blame for the move on "uncured breaches from SouthPeak, notably for non-payment." In so many words, it appears that Nobilis -- like other SouthPeak debtors -- is still waiting on unpaid bills from the publisher. Nobilis managing director Arnaud Blacher spoke with IndustryGamers regarding the lawsuit, saying that his company will also pursue litigation with SouthPeak over the issue. Furthermore, he confirmed that "all the contracts signed with SouthPeak in the US or in the UK have been terminated." As with most things legal, this situation is sure to get a lot more complicated long before we hear any sort of resolution. SouthPeak had yet to respond to a request for comment as of publishing.
SouthPeak suing Majesco over My Baby 3
Joystiq has confirmed with SouthPeak Games that the company has taken legal action against Mama game publisher Majesco Entertainment, specifically regarding the right to publish My Baby titles in the United States. The litigation was spurred by an announcement last month that Majesco would be publishing the Nobilis-developed My Baby 3 & Friends, an action SouthPeak claims Majesco wasn't legally allowed to take. For its part, SouthPeak issued this statement on the impending litigation: "We are exceptionally proud of our success in making the My Baby franchise a leader in the North American market; our innovative sales, marketing and PR strategies brought My Baby to a huge audience and built a loyal fan base for future products. SouthPeak continues to hold the rights to subsequent My Baby games and we intend to vigorously protect those rights." Additionally, we've confirmed that, while SouthPeak claims a contractual right to publish "subsequent My Baby games" in the US, Nobilis owns the My Baby IP. So, whose baby is it? That remains to be contested (Majesco and Nobilis reps hadn't responded as of publishing). And while SouthPeak recently acquired a $10 million loan, as well as another $5.5 million injection announced just this week, the company's still running into financial and legal issues left and right. "It's no secret that CDV is currently in dispute with SouthPeak Games along with many other companies, whilst CDV is itself in administration," SouthPeak exec Jonathan Hales told IndustryGamers recently, responding to the seizing of 40,000 units of SouthPeak stock by bailiffs on behalf of CDV. "We have sent High Court Enforcement Officers in last Friday and they took 40,00 units -- two trucks worth of stock -- out of the warehouse that SouthPeak uses. They had until yesterday to apply to court to stop that being sold at auction and as far as I'm aware they didn't make an application. We've also frozen the money from their distributor Centresoft," reps from CDV said. It looks like the custodianship of My Baby is just one of many legal battles SouthPeak may be facing in the coming months.
