CDV Software Entertainment Ag v Gamecock Media Europe Ltd & Ors

CDV Software Entertainment Ag v Gamecock Media Europe Ltd & Ors

Gamecock was contractually obliged to deliver Gold Masters by the dates in Schedule 7; CDV was entitled to partial termination for Velvet Assassin and Mushroom Men due to delays exceeding 45 days, but had waived its right for Dementium through conduct. CDV did not repudiate the Agreement by its partial termination notice. Gamecock was not entitled to terminate or retain advances for the terminated products.

Parties
Claimant: CDV Software Entertainment AG; First Defendant: Gamecock Media Europe Limited; Second Defendant: SouthPeak Interactive Limited; Third Defendant: SouthPeak Interactive Corporation; Fourth Defendant: Gone Off Deep LLC
Jurisdiction
England and Wales
Judgment Date
20 November 2009
Procedural Posture
Commercial/intellectual Property / Judgment on Liability After Expedited Trial
Outcome
Judgment for Claimant in part; Defendants' counterclaim dismissed.
Legal Topics
Contract Interpretation, Termination Clauses, Repudiation, Waiver, Guarantee Liability
Contract Law Intellectual Property Commercial Law Contract Interpretation Termination Clauses Repudiation Waiver Guarantee Liability

Case Brief

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Parties

CDV Software Entertainment AG

Claimant

Gamecock Media Europe Limited

First Defendant

SouthPeak Interactive Limited

Second Defendant

SouthPeak Interactive Corporation

Third Defendant

Gone Off Deep LLC

Fourth Defendant

Procedural Posture

Commercial/intellectual Property / Judgment on Liability After Expedited Trial

Legal Issues

  1. 1 What were Gamecock's delivery obligations under the Agreement?
  2. 2 In what circumstances was CDV entitled to exercise a right of partial termination?
  3. 3 Was CDV entitled to exercise partial termination in respect of Dementium, Velvet Assassin, and Mushroom Men?

Ratio Decidendi

Gamecock was contractually obliged to deliver Gold Masters by the dates in Schedule 7; CDV was entitled to partial termination for Velvet Assassin and Mushroom Men due to delays exceeding 45 days, but had waived its right for Dementium through conduct. CDV did not repudiate the Agreement by its partial termination notice. Gamecock was not entitled to terminate or retain advances for the terminated products.

Court Disposition

Judgment for Claimant in part; Defendants' counterclaim dismissed.

Orders

  • CDV entitled to repayment of advances for Velvet Assassin ($1,560,000) and Mushroom Men ($2,100,000), plus Insecticide ($330,000), and Wasted Costs (to be assessed).
  • Further directions on remedies and quantum to be determined.