TAC Files Counter-Suit Against Red Octane

FCifaldi writes "In response to yesterday's report of Guitar Hero publisher RedOctane filing a trademark and copyright infringement lawsuit against The Ant Commandos over their wireless PlayStation 2 guitar peripheral, the controller manufacturer has responded with a countersuit of their own." From the article: "TAC filed its counter claim in the United States District Court for the Central District of California against both Activision and RedOctane, alleging that both companies are violating Federal Antitrust legislation pertaining to the Guitar Hero game and controller bundle. In addition, the counter claim goes on to allege that both Activision and RedOctane 'copied the identifiable trade dress of the controller from its developer and part owner of TAC, Topway Electrical Appliance, Co.' ... More specifically, the complaint alleges that the controller's design was copied by RedOctane (including its color, shape, and placement of the five fret buttons located on the controller), and that RedOctane developed Guitar Hero 'around Topway's identifiable trade dress.'"

Comments

Re:Stupid

[Grym]

"This is stupid."

It is stupid, but the controller company has a point. Go to your local video games store and look for a used copy of Guitar Hero. They'll probably have one. Now, look for a used controller--you probably won't find one. And you almost certainly won't find a controller that's sold unpackaged in a brick and mortar store. Red Octane has effectively forced most consumers to buy the game both new and bundled. Shouldn't generic companies be allowed to fill this void?

But, back to the patent, what is the innovation in the Guitar Hero controller patent? Is the shape of a guitar patented? Is the color/key combination design patented? Aren't BOTH derivative by their very nature? And if the patent is that basic (guitar shape and/or key position and color), how IS a company supposed to design a controller that is functionally compatible with the game without infringing?

Does it constitute a monopoly? Probably not, but Red Octane definitely didn't have consumers in mind when they filed this suit. And I say this as someone who absolutely loves rocking out with their game.

-Grym