-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, L0kHbkjfMS3QrO8j+MtCKbtqb3PSP3h+kNUKpgUBXYCXws76iG2L0wDPcHgpA8ox Hpn6xOHYMrbVI3tJf4biCQ== 0000950138-05-000227.txt : 20050311 0000950138-05-000227.hdr.sgml : 20050311 20050311162716 ACCESSION NUMBER: 0000950138-05-000227 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 2 CONFORMED PERIOD OF REPORT: 20050304 ITEM INFORMATION: Regulation FD Disclosure ITEM INFORMATION: Financial Statements and Exhibits FILED AS OF DATE: 20050311 DATE AS OF CHANGE: 20050311 FILER: COMPANY DATA: COMPANY CONFORMED NAME: ACTIVISION INC /NY CENTRAL INDEX KEY: 0000718877 STANDARD INDUSTRIAL CLASSIFICATION: SERVICES-PREPACKAGED SOFTWARE [7372] IRS NUMBER: 954803544 STATE OF INCORPORATION: DE FISCAL YEAR END: 0331 FILING VALUES: FORM TYPE: 8-K SEC ACT: 1934 Act SEC FILE NUMBER: 001-15839 FILM NUMBER: 05675850 BUSINESS ADDRESS: STREET 1: 3100 OCEAN PARK BLVD STREET 2: STE 1000 CITY: SANTA MONICA STATE: CA ZIP: 90405 BUSINESS PHONE: 3102552000 MAIL ADDRESS: STREET 1: 11601 WILSHIRE BLVD 3RD FL STREET 2: STE 1000 CITY: LOS ANGELES STATE: CA ZIP: 90025 FORMER COMPANY: FORMER CONFORMED NAME: MEDIAGENIC DATE OF NAME CHANGE: 19920703 FORMER COMPANY: FORMER CONFORMED NAME: ACTIVISION INC DATE OF NAME CHANGE: 19880829 8-K 1 mar8-k.txt ACTIVIS\2005 FILINGS\MAR 8-K\ UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 ------------------ FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of report (Date of earliest event reported) March 11, 2005 (March 11, 2005) ACTIVISION, INC. - ------------------------------------------------------------------------------- (Exact Name of Registrant as Specified in Charter) Delaware 0-12699 95-4803544 - ------------------------------------------------------------------------------- (State or Other Jurisdiction (Commission (IRS Employer of Incorporation) File Number) Identification No.) 3100 Ocean Park Blvd., Santa Monica, CA 90405 - ------------------------------------------------------------------------------- (Address of Principal Executive Offices) (Zip Code) (310) 255-2000 Registrant's telephone number, including area code - ------------------------------------------------------------------------------- N/A - ------------------------------------------------------------------------------- (Former Name or Former Address, if Changed Since Last Report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Item 7.01. Regulation FD Disclosure. On March 11, 2005, Activision, Inc. issued a joint press release with Viacom International Inc. and Viacom Consumer Products, Inc. (collectively, "Viacom") announcing the settlement of all claims between the parties in a lawsuit between Activision and Viacom. The suit has been previously disclosed in Activision's filings made under the Securities Exchange Act of 1934, as amended. The settlement will have no impact on Activision's operations or financial results. The joint press release is attached hereto as Exhibit 99.1. Item 9.01 Financial Statements and Exhibits. (c) Exhibits 99.1 Joint Press Release of Activision, Inc., dated March 11, 2005. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. Date: March 11, 2005 ACTIVISION, INC. By:/s/ Ronald Doornink --------------------- Name: Ronald Doornink Title: President EX-99 2 ex99-1.txt EXHIBIT 99.1 - PRESS RELEASE Exhibit 99.1 For Information Contact: Maryanne Lataif Vice President, Corporate Communications Activision, Inc. (310) 255-2704 mlataif@activision.com Dan Martinsen Executive Vice President, Corporation Communications Nickelodeon 212-846-8116 VIACOM CONSUMER PRODUCTS AND ACTIVISION REACH AGREEMENT TO SETTLE "STAR TREK" VIDEO GAME LICENSE DISPUTE New York, NY and Santa Monica, CA - March 11, 2005 -- Activision, Inc. (Nasdaq: ATVI), a leading developer, publisher and distributor of interactive entertainment software products, and Viacom Consumer Products Inc., today jointly announced that they have reached an agreement that settles their legal disputes regarding their license agreement for "Star Trek" video games. As a result of the settlement, all pending lawsuits filed by each party in the Superior Court in Los Angeles regarding this matter have been dismissed. All other terms of the settlement agreement will remain confidential. Both companies said that they were very pleased to resolve the matter amicably and look forward to working together in the future on other projects. About Viacom Consumer Products Viacom Consumer Products Inc. is a part of Nickelodeon & Viacom Consumer Products (N&VCP). N&CP manages the worldwide merchandise licensing, home video, music, book and interactive software businesses for Nickelodeon brands and characters as well as the properties of Comedy Central, Spike TV and MTV Networks International, as well as some non-Viacom properties. In addition, N&VCP manages the worldwide merchandise, interactive, book, and wireless licensing for Paramount Pictures properties. The N&VCP business represents over $4 billion in retail sales. N&VCP maintains office in New York, Los Angeles, Miami, London, and Singapore. Nickelodeon, MTV Networks, Comedy Central, and Spike TV are trademarks of Viacom International Inc. About Activision Headquartered in Santa Monica, California, Activision, Inc. is a leading worldwide developer, publisher and distributor of interactive entertainment and leisure products. Founded in 1979, Activision posted net revenues of $948 million for the fiscal year ended March 31, 2004. Activision maintains operations in the U.S., Canada, the United Kingdom, France, Germany, Italy, Japan, Australia, Scandinavia, Spain and the Netherlands. More information about Activision and its products can be found on the company's World Wide Web site, which is located at www.activision.com. The statements made in this press release that are not historical facts are "forward-looking statements". These forward-looking statements are based on current expectations and assumptions that are subject to risks and uncertainties. The Company cautions readers of this press release that a number of important factors could cause Activision's actual future results to differ materially from those expressed in any such forward-looking statements. Such factors include, without limitation, product delays, retail acceptance of our products, industry competition, rapid changes in technology and industry standards, protection of proprietary rights, maintenance of relationships with key personnel, vendors and third-party developers, international economic and political conditions, integration of recently acquired subsidiaries and identification of suitable future acquisition opportunities. These important factors and other factors that potentially could affect the Company's financial results are described in our filings with the Securities and Exchange Commission, including the Company's most recent Annual report on Form 10-K and Quarterly Report on Form 10-Q. Readers of this press release are referred to such filings. The Company may change its intention, belief or expectation, at any time and without notice, based upon any changes in such factors, in the Company's assumptions or otherwise. The Company undertakes no obligation to release publicly any revisions to any forward-looking statements to reflect events or circumstances after the date hereof or to reflect the occurrence of unanticipated events. # # # -----END PRIVACY-ENHANCED MESSAGE-----