Guitar Hero Lawsuit Statements

Gibson Guitar are suing both Wal-Mart and other major consumer retailers in relation to them selling Activision's Guitar Hero series of games. It should getting very interesting, but in the meantime the parties have each issued press releases. By the way, the whole thing stems over the game apparently violating some patents that Gibson hold.

Press Statement from Gibson Guitar in Regards to Guitar Hero Retailer Lawsuit

On Monday, March 17th, Gibson Guitar Corp. brought a lawsuit against various retailers, which are selling Guitar Hero products that are infringing on one of Gibson Guitar's U.S. patents. Gibson Guitar took this action reluctantly, but is required to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights.

Gibson had tried to settle this issue by negotiating directly with Activision as soon as the patent filed through one of Gibson's divisions was discovered and validated by outside counsel. Activision chose to initiate litigation without notice to Gibson. Now Gibson must pursue enforcement of its patent which predates the launch of the Guitar Hero game by several years.

Gibson is known worldwide for producing classic models in every major style of fretted instrument, including acoustic and electric guitars, mandolins, and banjos. Gibson’s HD.6X-PRO Digital Guitar and the Gibson Robot Guitar represent the biggest advances in electric guitar design in over 70 years. Founded in 1894 in Kalamazoo, Michigan, and headquartered in Nashville since 1984, Gibson Guitar Corp.’s family of brands now includes Epiphone, Dobro, Maestro, Kramer, Steinberger, Tobias, Echoplex, Electar, Flatiron, Gibson Baldwin Music Education, Slingerland, Valley Arts, Maestro, Oberheim, Sunshine Piano, Take Anywhere Technology, Baldwin, J&C Fischer, Chickering, Hamilton, and Wurlitzer.

Activision Responds to Gibson Guitar Corporation’s Lawsuit against Retailers

The following statement was released today by Activision, Inc. in response to media and other inquiries related to Gibson Guitar Corporation’s lawsuit against retailers:

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. 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.

As Activision noted in its filing, 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. Activision continues to believe that Gibson’s claims are disingenuous and lack any justification.