The once publisher of Brütal Legend, Activision has filed suit against Double Fine Productions, who is the developer of Brütal Legend, to prevent the games release in Rockcember.

According to a report made by the Associated Press, the lawsuit, filed in Santa Monica on Wednesday, claims that Double Fine failed to deliver the game on time to Activision. The suit also claims that Double Fine then offered the completed game to EA to release.

In addition, the lawsuit claims Activision paid Double Fine about $15 million to develop Brutal Legend, but the studio failed to meet the deadline last year. And that Double Fine then said it would need another nine months and $7 million to complete the game.

Activision and Double Fine negotiated to try to keep the game on track, but no agreement was ever reached, according to the court filing. Activision contends it never relinquished its rights to the game and that Double Fine improperly transferred Brutal Legend to EA.

“Hey, if Activision liked it, then they should have put a ring on it,” Double Fine President Tim Schafer said. “Oh great, now Beyonce is going to sue me too.”

The lawsuit states that Activision has suffered “irreparable harm” and will lose not only the game, but also the ability to sell downloadable content based on Brutal Legend if the release isn’t stopped.

[Activision sues to stop Jack Black game via Associated Press]