Gibson guitar sues MTV and EA over "Guitar Hero"

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Friday, Mar 21, 2008

NEW YORK (Reuters) - Gibson Guitar said on Friday that it filed a patent infringement lawsuit against Viacom's MTV networks and Harmonix as well as Electronic Arts relating to the wildly popular "Guitar Hero" video games.

The lawsuit, filed in Federal District Court in Tennessee, relates to the same patent involved in another suit Gibson filed earlier against various retailers, the Tennessee-based guitar maker said in a statement.

The "Guitar Hero" series has sold more than 14 million units in North America and raked in more than $1 billion since its 2005 debut.

Gibson said the games, in which players use a guitar-shaped controller in time with notes on a television screen, violate a 1999 patent for technology to simulate a musical performance.

Harmonix developed the first "Guitar Hero" game and was later bought by MTV. Electronic Arts and another company, Activision Inc, as well as several retailers, either develop, distribute or sell one or several of the games in the "Guitar Hero" series.

A spokesperson for MTV and Electronic Arts could not be immediately reached for comment.

Earlier this month, Activision filed a pre-emptive suit against Gibson, which had complained that the games infringe upon one of its patents.

Activision filed a lawsuit asking the U.S. District Court for Central California to declare Gibson's patent invalid and to bar it from seeking damages.

Gibson, whose electric guitars are used by legendary blues and rock artists such as Eric Clapton, B.B. King and Slash, has been a high-profile partner in the "Guitar Hero" games.

Activision licensed the rights to model its video controllers on Gibson guitar models and to use their likenesses in the game.

Activision has said that by waiting three years to raise its claim, Gibson had granted an implied license for any technology.