FILED: NEW YORK COUNTY CLERK 05/09/2011

terminated it.
112. The Agreement is a valid and binding contract, and Ms. Carter has not validly
113. Under the Agreement, Ms. Carter agreed not to participate in any video game
except Starpower: Beyoncé for a period of eighteen months after the release of that game or any
sequel, “[p]rovided that the Game has been commercially released in the United States on or
prior to December 31, 2011.”
114. By repudiating the Agreement, Ms. Carter has prevented Gate Five from
releasing Starpower: Beyoncé or any sequels; absent Ms. Carter’s wrongful abandonment of the
Agreement, Starpower: Beyoncé would have been released worldwide on or prior to December
31, 2011.
115. On information and belief, Ms. Carter is using, or permitting a third party to use,
her name and likeness in a video game other than Starpower: Beyoncé, in breach of the
Agreement.
116. Gate Five is entitled to an injunction prohibiting Ms. Carter from permitting her
name and likeness to be used in violation of the Agreement.
WHEREFORE, plaintiff Gate Five respectfully requests that the Court enter judgment in
its favor and grant the following relief:
(a) On its first cause of action, an order awarding damages in an amount to be
determined at trial, plus statutory interest;
(b) On its second cause of action, an order awarding damages in an amount to be
determined at trial, plus statutory interest;
(c) On its third cause of action, an order enjoining Ms. Carter and BI from associating
with any other video game; and
PC Law # 15232 35