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Gibson sues 'Rock Band' and 'Guitar Hero'

12:17 p.m. · March 24, 2008 · by Jeff Skruck

 "Rock Band" and "Guitar Hero" are raking it in and Gibson Guitar apparently wants more of a cut of the action (Gibson already licensed the rights to use its guitars' likenesses). So what do you do when you want more money but someone's not willing to give it to you? Well, sue, of course.

Gibson last week filed a patent infringement suit against Viacom's MTV networks, Harmonix and Electronic Arts, claiming "Rock Band" violates a 1999 patent for technology to simulate a musical performance. Gibson has already brought a claim against Activision for its "Guitar Hero."

Earlier this month, Activision filed a preemptive suit against Gibson, seeking Gibson's patent to be declared invalid and to bar it from seeking damages. Activision licensed the rights to model its guitars on Gibson models and to use their likenesses in the game. By waiting three years to raise its claim, Gibson has granted an implied license for any technology.  "This lawsuit is completely without merit and we intend to defend it vigorously, " Harmonix said in a statement.

[Reuters]