THQ Inc. (NASDAQ: THQI) announced today that the Quebec Court of Appeal for the District of Montreal, unanimously rendered a judgment in favor of THQ Montreal Inc. and its parent company THQ Inc. striking down a provisional injunction originally obtained by Ubisoft Divertissements which prohibited THQ from soliciting Ubisoft employees who were to THQ’s knowledge bound by a non-compete provision with Ubisoft.
The dispute originally arose after THQ announced that award-winning developer Patrice Désilets would be joining THQ Montreal to create an exciting new original intellectual property after he resigned as Creative Director of Ubisoft’s Assassin’s Creed franchise.
The judgment was rendered by a three judge bench, and overturned a lower Court decision which had issued a provisional injunction against THQ.
In reaching its decision, the Court of Appeal agreed with all of THQ's arguments and dismissed the lower Court decision on the grounds that THQ was not bound by any non-competition restrictions and was therefore free to solicit any Ubisoft employee, provided THQ's efforts did not amount to unfair competition. The Court went on to conclude that THQ's solicitation of Ubisoft employees did not constitute unfair competition but rather the exercise of its legitimate legal rights based on the principle of liberty of commerce and trade. Its competition with Ubisoft was neither illicit nor disloyal.
"The Court of Appeal’s decision is a tremendous victory for THQ Montreal and all of the creative talent working in the video game industry in Montreal. We are thrilled with the Court’s decision in this matter because we believe strongly in an individual’s freedom to choose where they want to be employed,” said Ed Kaufman, EVP, Business and Legal Affairs, THQ. "Our goal has always been to promote free competition and to allow the many creative talent in the interactive entertainment industry in Montreal to be able to choose where they want to work. We believe the Court of Appeal’s decision will promote competition, alleviate people’s fears and encourage more talented people to join Patrice and our other creative employees at our state-of-the-art studio in Montreal.”
About THQ
THQ Inc. (NASDAQ: THQI) is a leading worldwide developer and publisher of interactive entertainment software. The company develops its products for all popular game systems, personal computers, wireless devices and the Internet. Headquartered in Los Angeles County, California, THQ sells product through its global network of offices located throughout North America, Europe and Asia Pacific. More information about THQ and its products may be found at http://www.thq.com/. THQ and the THQ logo are trademarks and/or registered trademarks of THQ Inc.
THQ Inc. Caution Concerning Forward-Looking Statements
This press release contains statements that are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements are based on current expectations, estimates and projections about the business of THQ Inc. and its subsidiaries (collectively referred to as “THQ”), including, but not limited to, expectations of video game console and software growth, financial guidance, estimated release dates and the potential for online gaming. These statements are based upon management’s current beliefs and certain assumptions made by management. Such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such forward-looking statements, including, but not limited to, business, competitive, economic, legal, political and technological factors affecting our industry, operations, markets, products or pricing. Readers should carefully review the risk factors and the information that could materially affect THQ’s financial results, described in other documents that THQ files from time to time with the Securities and Exchange Commission, including its Annual Report on Form 10-K for the fiscal period ended March 31, 2011 and subsequent Quarterly Reports on Form 10-Q, and particularly the discussion of trends and risk factors set forth therein. Unless otherwise required by law, THQ disclaims any obligation to update its view on any such risks or uncertainties or to revise or publicly release the results of any revision to these forward-looking statements. Readers are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date of this press release.
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