Yahoo! reports that Activision has filed suit against Double Fine, developer of the hair metal and Jack Black laden Brutal Legend, Wednesday to prevent the game from being published.  Activision claims that they have invested $15 million in the title and that they still have a valid contract to release the game.  Furthermore the suit maintains that Double Fine missed a deadline for the game last year and requested more time and an additional $7 million in development fees.

Last February, current Brutal Legend publisher Electronic Arts responded to Activision’s protestations saying, “We doubt that Activision would try to sue.  That would be like a husband abandoning his family and then suing after his wife meets a better looking guy.”

Brutal Legend is currently set to drop onto the Xbox 360 and PlayStation 3 October 13th.