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Gibson loses to Guitar Hero

March 03, 2009 in News comments 4

Gibson Guitars recently filed a law suit against Activision for their Guitar Hero franchise, stating that their patent covers them for simulated concert performances.

However the judge quickly ruled that guitar hero guitars are seen as toys and not actual guitars therefore they lost the court battle.

More detailed info at the source.

Last year, after being threatened with infringement of Gibson Guitar’s U.S. Patent No. 5,990,405 (“the ‘405 Patent”), Activision, the maker of the popular video game “Guitar Hero,” filed a declaratory judgment complaint of non-infringement (details here). After two rounds of claim construction briefing, a technology tutorial, and a Markman hearing – in addition to Gibson’s counsel withdrawing from the case, the Court granted Activision’s summary judgment of non-infringement.
FinalFantasyFanaticc via iptrademarkattorney.com »
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  • 0
    Mudkip94* Mar 4, 09
    WOW there sueing over a plastic toy. They must have had nothing to do that day
  • 0
    DarkSpyro_Dragon Mar 4, 09
    Its amazing how silly lawsuits are getting nowadays. Although this is a good example of why I like Fender better lol
  • 0
    Atomic Mar 4, 09
    The guitars were made to look like the Gibson, so I wasn't surprised that this would happen. In fact, I thought that Gibson first approved of their likeness uesd in this game.
    • 0
      Zerpent Mar 5, 09
      But this law suit had nothing to do with the guitars, but rather the "simulated" concerts in the game.

      I'm not surprised they lost, though. It really isn't anything more than a toy. A very fun toy, but still just a toy.

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