Activision's request to prevent Brutal Legend release was denied

Los Angeles Superior Court spokeswoman Vanie Stuelp said that attorneys for Activision notified the court of the settlement agreement with Double Fine over the release of "Brutal Legend," a video game starring Jack Black. Gaming giant Activision had sued San Francisco-based developer Double Fine Productions to try to stop the October release of "Brutal Legend" by rival Electronic Arts, saying that it still owned the rights to the game and that Double Fine failed to deliver it on time.

Double Fine claimed that Activision terminated its agreement to release the heavy-metal inspired game after a failed attempt to make it part of the company's lucrative "Guitar Hero" franchise. In order to protect "Guitar Hero" Activision then moved to stop the release of "Brutal Legend."

A hearing on a proposed injunction scheduled for Thursday morning was canceled. Activision's attorneys were set to argue why the game shouldn't be released. But Superior Court Judge Craig Karlan told attorneys last week that he was inclined to deny Activision's request and allow the game to be released on time.

Electronic Arts has spent millions promoting the game, which has been featured on gaming Web sites and prominently displayed at the Electronic Entertainment Expo, known as E3.