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Gibson Guitar filed a second
lawsuit for patent infringement, this time against promoters and developers of
the “Rock Band” game, namely Harmonix, MTV Networks and Electronic Arts. The lawsuit
was filed on Thursday in the federal court in Nashville, Tennessee. Earlier
this week the guitar maker also sued major retailers, such as Wal-Mart, Amazon,
Kmart, GameStop and others for patent infringement regarding "Guitar Hero"
The real-guitar maker said it did make
efforts to come to a patent license agreement with the defendants, but “the
defendants have not responded in a timely manner with an intent to enter into
negotiations for a patent license agreement,” the guitar maker said according
to AP. “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.”
Gibson’s attorney F. Leslie
Bessenger claimed in a letter to Activision earlier this year that the game
publisher is “taking advantage of Gibson’s patented technology without properly
compensating Gibson.”
The guitar maker wants all
defendants in the two lawsuits to stop promoting or selling the “Guitar Hero” or
“Rock band” games and is said to be seeking damage, but the figures remain
unknown. In the Gibson v. retailers case, Activision, the publisher of the
worldwide popular game, said: “Our 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.”
The “Guitar Hero” franchise has
become a cultural phenomenon worldwide, and the collaboration between Gibson
and Activision started from the game’s model guitar, that resembles a black
Gibson guitar, but with colored buttons instead of strings that simulate playing
a real guitar. “Rock Band,” which is a game allowing players to form a virtual
band, wasn’t as popular as “Guitar Hero.”
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