Gibson encores patent suit to Rock Band

By Tom Magrino, GameSpotPosted Mar 24, 2008 11:28 am PT

Instrument maker's quest to have Activision's Guitar Hero pulled from store shelves extended to include EA, MTV, and Harmonix's latest four-piece rhythm game.

Although Harmonix moved on from the Guitar Hero series after wrapping development on Rocks the 80s, Gibson Guitar Inc. hasn't forgotten the developer's involvement in putting the rhythm genre on the map. In the latest twist in Gibson's ongoing patent spat with the billion-dollar rhythm game genre, the guitar manufacturer has filed a patent-infringement suit against Guitar Hero and Rock Band creators Harmonix and its publishing partners Electronic Arts and MTV Networks.

Thursday's filing is the latest development in Gibson's quest to continue to cash in on the burgeoning rhythm game genre. In January, Gibson notified Activision that the Guitar Hero franchise was in violation of a patent the guitar manufacturer filed in 1999. Reminiscent of virtual-reality setups as envisioned in the '90s, Gibson's patent calls for a "head-mounted 3D display that includes stereo speakers" by which musicians can simulate a concert using an instrument. As per the patent, the prerecorded concert would play while musicians accompany the concert on their own instruments.

Following Gibson's request for Activision to either license the device or cease sales of Guitar Hero products, Activision filed suit with the US District Court of Central California to invalidate Gibson's patent and prevent the guitar maker from seeking damages. As grounds for its suit, Activision claimed that Gibson's suit was motivated by the publisher cutting its marketing and support agreement, and also noted that Gibson's three-year delay in not pursuing the patent has granted Activision an implied license. Gibson responded to the suit last week by attempting to force the publisher's hand, taking to court many retailers who sell Guitar Hero products in an attempt to yank the game off of store shelves.

Gibson has yet to file any formal complaint against Activision, a spokesperson representing the publisher confirmed for GameSpot.

Gibson isn't waiting to drop the gloves with Activision's former partner on Guitar Hero, given that the guitar maker challenged EA, MTV, and Harmonix on Thursday in the US District Court of Middle Tennessee over the Guitar Hero franchise through Rocks the 80s, as well as Rock Band. According to the suit, Harmonix and its distribution partners are infringing on Gibson's aforementioned patent, and the guitar maker is seeking an injunction that would halt the sale of the Harmonix-created products as well as award damages and legal expenses.

In a statement addressing the suit, Gibson said, "This new lawsuit relates to the same US patent involved in the lawsuit filed by Gibson Guitar recently against various retailers in the same court. Gibson Guitar had made good faith efforts to enter into a patent license agreement with the defendants in this case. The defendants have not responded in a timely manner with an intent to enter into negotiations for a patent license agreement. Gibson Guitar had no alternative but to bring the suit, and it will continue to protect its intellectual property rights against any and all infringing persons."

EA, MTV, and Harmonix were quick to respond to the allegations. "This lawsuit is completely without merit and we intend to defend [against] it vigorously," said a Harmonix spokesperon in a statement. "Gibson's patent, filed nearly 10 years ago, required a 3D display, a real musical instrument, and a recording of a concert. Rock Band and Guitar Hero are completely different: among other things they are games, require no headset, and use a controller only shaped like a real instrument. It is unfortunate that Gibson unfairly desires to share in the tremendous success enjoyed by the developers of Rock Band and Guitar Hero."

369 Comments

  • vbdude006

    Posted Jul 7, 2008 8:42 pm PT

    Ok....i don't know who to agree with here....i love guitar her but i also play real guitar....anywa i gotta agree with Raykuza cuz gibsonwill make les sales. Honestly, i'm buying a gibson but this has got nothing to do with guitar hero.....i was also disappointed since u coulnt play a fender(amazing guitars) but of course for legal reasons with rockband' licence.

    Honestly.....gibson has got my vote PUT SOME FREAKIN FENDER INTO GH4......i pre-ordered it goddammit!!!!!!!!

  • Rex369

    Posted Jun 20, 2008 3:46 pm PT

    I love Gibson but they are being total a$$holes. TO dropandgiveme5 the lady that sued McDonalds really didn't get any money.

  • dropandgiveme5

    Posted Jun 15, 2008 1:25 pm PT

    Woman sues McDonalds for spilling hot coffee on herself and wins.
    Woman sues Elizabeth Arden Salon for supposed bad hair treatment, which somehow caused depression leading to counselling - wins.
    Also, in Orlando, the estate of a woman killed by a drunk driver sued the rental car company that rented the car involved in the crash to an Irish tourist. In her claim she stated that the rental car company should have been more careful when renting cars to the Irish because the Irish are drunks.

    I can see Gibson winning this one....

  • Ultima-Chocochu

    Posted Apr 11, 2008 10:41 pm PT

    Reminds me of that stupid band that sued....Says they can use it, then bam, they want the money the game makes after it's released.
    I think Gibson planned it, waited a while after GHIII was released, and waited to see how much it'd sell then acted.

  • Ultima-Chocochu

    Posted Apr 11, 2008 10:41 pm PT

    Reminds me of that stupid band that sued....Says they can use it, then bam, they want the money the game makes after it's released. They planned it.

  • edub272

    Posted Apr 11, 2008 11:25 am PT

    i wont blame gibson.. if it werent for them we wouldnt have the SG and Les Paul shaped controllers lol

  • chavi03

    Posted Apr 8, 2008 8:52 pm PT

    OMG raykuza ur filled with **** the people at gibson are just **** losers they waited 5 years then finally pulled their head out of their asses and stole guitar heros income. Gibson = ****ting **** Go GUITAR HERO!!!!!!!!!!!!!!!!!!!!!!

  • chavi03

    Posted Apr 8, 2008 8:52 pm PT

    OMG raykuza ur filled with **** the people at gibson are just **** losers they waited 5 years then finally pulled their head out of their asses and stole guitar heros income. Gibson = ****ting ****

  • Raykuza

    Posted Apr 6, 2008 6:53 am PT

    @GuitarHero171
    No, putting Gibson's name on a fake guitar wont make anyone want to buy a real guitar. Most people would ratherspend a few minutes learning to play Guitar Hero than take the years of practise needed to become good at a real instrument. In fact, I wouldn't be suprised if guitar sales have decreased because of guitar games. This is probably why Gibson wants Activision and Harmonix to lisence their name so that Gibson can make money for every sale of a fake guitar, since they aren't selling any real guitars...

    I love Guitar Hero but I gotta side with Gibson on this one.

  • GuitarHero171

    Posted Apr 4, 2008 4:06 pm PT

    What the F*** is gibson's problem!? Guitar hero (One of the greatest games ever) decides to put gibson as thier guitar lable,( which most likely made more people want to buy gibson guitars, which in turn would make gibson more money) and now gibson wants to try and put them out of business? this makes absolutely no sense and they have no case. their basically screwing themselves over

  • bush66

    Posted Apr 3, 2008 7:22 pm PT

    There's only one problem with this lawsuit. GH uses a CONTROLLER not a musical INSTRUMENT.

  • the_greenzero

    Posted Apr 3, 2008 3:38 pm PT

    Oh well, I still like their guitars.

  • crisiscorefan52

    Posted Apr 1, 2008 8:10 am PT

    gibson cmon

  • wiiplay1

    Posted Mar 31, 2008 4:26 pm PT

    gibson has issues

  • slayer2010

    Posted Mar 31, 2008 1:37 pm PT

    wtf gibson is being friggin rediculous

  • mav_destroyer

    Posted Mar 31, 2008 11:52 am PT

    wow thats dumb, don't these people have anything better to do? (referring to gibson)

  • dsplayer1010

    Posted Mar 28, 2008 8:17 pm PT

    it makes sense. gibson gives them permission to use their guitars, and then when they make a lot of money they sue them

  • Taldaran1

    Posted Mar 27, 2008 10:41 pm PT

    I already have all the instruments I need so i am not too worried about this affecting cost any. The games themselves won't go about 59.99 so it really does not matter. It may push individual instruments up some though. Plus, if they were going to sue, they should have done it before they allowed the makers to put the Gibson name on it. They screwed themselves with that.

  • Beeker1

    Posted Mar 27, 2008 5:05 pm PT

    Who's gonna buy Rock Band it costs $170 believe me buy Guitar Hero its maby not better than Rock Band but still........... $170 OMG!!

  • Frenoir

    Posted Mar 27, 2008 3:51 pm PT

    they have no case with either one for 1 guitar hero is sponserd by gibson and several of the componies owned by gibson and for another rock band uses 3 instruments and a persons voice so sorry gibson but you have no case

Guitar Hero II Quick Links

Summary | Reviews | News | Previews & Features | Images | Videos | Answers | Hints & Cheats | Forum | Check Prices

Check Prices: $4 – 131.22

Glyde $4 SHOP ›
eBay $24.99 SHOP ›
Amazon.com $26.79 SHOP ›
advertisement
advertisement
Click Here

Related Unions

Guitar Hero II Boxshot Enlarge the boxshot
Guitar Hero II

Game Stats

Full Game Details »Close
Also on

Games you may like…

Users who looked at content for this game also looked at these games.

See More Similar Games