It was only a couple days ago when Tim Schafer took the stage during EA’s press conference to show off Brütal Legend and its Rocktober 13 release date. Now Activision is looking to put a halt to the release of the game by suing developer Double Fine for not releasing the game sooner.

In a lawsuit filed on Wednesday, Activision claims Double Fine missed a crucial deadline last year to deliver Brütal Legend. Activision allegedly gave Double Fine $15 million for development and an additional $7 million for the nine extra months Double Fine needed to complete the game.

Activision also claims that it never gave up rights to Brütal Legend and will lose out on revenue brought on by downloadable content if it comes out.

Double Fine’s president Tim Schafer seems to maintain his sense of humor in all of this when he responded to Activision’s lawsuit by saying, “Hey, if Activision liked it, then they should have put a ring on it. Oh great, now Beyonce is going to sue me too.”