Gibson Guitar Corporation has taken legal action against Activision, the makers of Guitar Hero, claiming an infringement against one of their patents.
According to the suit filed against Activision, Gibson claims that it owns a 9-year-old patent for technology to stimulate a musical performance.The Gibson suit is requesting that Activision license the technology in Guitar Hero from Gibson or cease production of the product.
However, Activision counterclaims that the Gibson legal issue has arisen three years after the introduction of the game and only after Activision ceased a joint marketing and support agreement with the company.
Legal opinion suggests that the Gibson suit is without merit. For Gibson to truly have a case, the Guitar Hero guitar would at least have to have strings which it does not. A device that is shaped like a guitar does not make it a guitar.
Gibson claims that they tried to settle the dispute with Activision without success and have therefore been forced into litigation.
Activision has countersued and the company has issued the following statement, Gibson's lawsuit is a transparent end run around an impartial court that Activision asked on March 11 to rule on patent assertions that Gibson knows have no merit," reads Activision's statement. "Our Guitar Hero retailing partners have done nothing wrong. We will confront this and any other efforts by Gibson to wrongfully interfere with Activision's relationship with its customers and its consumers."
