Gibson Lawsuit Widens Battle With Activision
March 21, 2008 at 5:50 AM (PT)
GIBSON GUITAR CORP. is demanding in a new lawsuit that a half-dozen major retailers pull all copies of the "GUITAR HERO" series from their shelves as part of a widening patent fight with ACTIVISION, publisher of the popular videogame, reports THE NEW YORK POST. The musical instrument maker on MONDAY filed suit against WAL-MART, TARGET, KMART, AMAZON, GAMESTOP and TOYS-R-US in U.S. Middle District Court in TENNESSEE, alleging that the merchants are contributing to acts of willful patent infringement associated with the software and controller used in "GUITAR HERO" by selling the game.
In addition to the removal of the game from stores, GIBSON -- a long running marketing partner of "GUITAR HERO" -- is seeking unspecified damages from the merchants.
ACTIVISION executives yesterday issued a statement calling GIBSON's lawsuit an effort "to wrongfully interfere with ACTIVISION's relationship with its customers and its consumers" adding that "our 'GUITAR HERO' retailing partners have done nothing wrong."
ACTIVISION claims in court papers that GIBSON's charge is without merit. It also alleges that GIBSON waited three years to make its patent allegations, and only did so after it became clear that ACTIVISION was not interested in renewing its marketing and support agreement with GIBSON.