Genius Products and Numark have jointly filed legal action against Activision and 7 Studios, alleging that the pair have conspired to delay the development of Scratch: The Ultimate DJ, a rival to Activision’s upcoming DJ Hero.

According to publisher Genius, Activision approached the company with an offer to acquire the game which was rejected. Genius alleges that Activision then went on to acquire its contract developer, 7 Studios, while under a non-disclosure and confidentiality agreement with Genius.

Having reportedly acquired the developer, Activision and 7 Studios are alleged to have conspired to prevent Scratch: The Ultimate DJ from getting to market on time by withholding code and a proprietary game controller.

“We believe that Activision realises the tremendous opportunity that our game, Scratch, represents to the video game industry, the retail marketplace and the consumer,” said. Trevor Drinkwater, president and CEO of Genius Products.

“After demonstrating our game, pursuant to the confidentiality agreement with Activision, we believe Activision concluded that Scratch: The Ultimate DJ is a superior offering to their prospective game, DJ Hero.

“We believe that Activision and 7 Studios have improperly used confidential information obtained from Genius and 7 Studios to interfere with our efforts to complete the game. In short, we believe that Activision is attempting to sabotage the release of our much anticipated game and prevent it from getting to market prior to the release of DJ Hero.”

Hip-hop rhythm game Scratch: The Ultimate DJ sees players utilise a turntable controller to manipulate music tracks in real-time.

It is thought that DJ Hero, said to be in development at B-Boy studio FreeStyleGames, which was acquired by Activision late last year, will also feature a turntable-style controller.

In addition to substantial damages, Genius Products and Numark are asking the court to order the game’s immediate return, and other injunctive relief.