RedOctane sues guitar manufacturer

Guitar Hero publisher and parent company Activision bring legal action to bear against the maker of an unlicensed line of controllers for the popular game.

Before it was the $100 million publisher of Guitar Hero, RedOctane was best known for making unlicensed third-party peripherals for incredibly successful rhythm games like Konami's Dance Dance Revolution. But now that it's the company with an incredibly successful game, RedOctane is taking a second look at those making unlicensed peripherals for its premiere franchise.

Last month, RedOctane and new parent company Activision filed suit against The Ant Commandos, a Chino, California-based company selling a lineup of wired and wireless guitar controllers for use with the PlayStation 2 edition of Guitar Hero. The companies allege that The Ant Commandos are guilty of a litany of offenses, including unfair competition, trademark infringement, copyright infringement, unfair and deceptive trade practices, false advertising, unjust enrichment, and more. The suit also names Hong Lip Yow as a defendant, saying The Ant Commandos is a shell company and that for all intents and purposes, he and the company are one and the same.

"Specifically, Defendants have copied the packaging of Plaintiffs' products and have used Plaintiffs' trademarks and copyrighted material in its packaging and advertising of its own products in an effort to cause confusion among consumers," the suit reads.

Where the official Guitar Hero package has the game's name in white, Gothic letters outlined in black on top of a background of flames, one of The Ant Company's controllers comes with the words "Guitar Mania" in white, Gothic letters outlined in black on top of a background of flames, the suit noted. It goes on to point out that one of the Ant Company offerings also comes with flame and skull-and-crossbones stickers for players to customize their guitars, much like the real Guitar Hero controller.

RedOctane and Activision are also taking exception to The Ant Company's claims that the controllers are fully compatible with Guitar Hero on the PS2. They allege that the controller doesn't interface properly with the game, and that tilting the controller up to activate "star power" in the game doesn't work consistently. The companies are asking a judge to rule that The Ant Company can no longer make, advertise, or sell the guitars, that it recall the guitars it has already sold, and that it turn over all materials associated with the guitars for destruction. As for monetary relief, Activision is asking for all of The Ant Company's profits, as well as damages and attorney's fees.

This suit marks a turning of legal tables for RedOctane. While it is on the plaintiff's side of this case, it has been the defendant in a pair of other recent cases. Last year, Konami filed suit against the company for selling the dance game In the Groove, claiming it infringed on patents it held with its Dance Dance Revolution series.

Earlier this year, a company called KnuckleBonz filed suit against RedOctane, claiming that it had the trademark to the Guitar Hero name. KnuckleBonz has been manufacturing guitar-themed collectible sculptures under the Guitar Hero name since 2003, though it only registered it with the US Patent and Trademark Office in September of 2005. Last month a judge denied RedOctane's request to have that case dismissed.

110 Comments

  • s0ild_snake

    Posted Jan 15, 2007 5:46 am PT

    nise

  • fartys

    Posted Oct 27, 2006 9:26 am PT

    I think guitar hero is great and so is the Gibson sg controller that can be bought especially for the game but i have to admit the guitar mania flying v controller kicks the sg 's fat a*se. The changeable covers are especially cool, red octane could learn a lot from guitar mania, if red octane had made good looking and wireless guitars in the first place there wouldn't be any of this trouble now would there?

  • need4spizzle

    Posted Oct 26, 2006 2:39 pm PT

    I liked the guitar mania guitars better than the SG.

  • Dr_Swordopolis

    Posted Sep 22, 2006 11:49 am PT

    Do they not realize that Guitar Mania has been a hit game in Japan for more than a few years???

  • spacem0nkey91

    Posted Sep 21, 2006 11:29 pm PT

    The SG controllers are trash, i really like the idea of the flying V's tho, i think RO should just buy Ant Company and keep selling the Flying V's. its better to choose your guitar rather that sticking with a crappy SG :\ they should also make Goth Explorers now that would be sweet

  • _Sam_

    Posted Sep 21, 2006 5:10 pm PT

    I didn't hear about this before now

  • thewarriors26

    Posted Sep 21, 2006 12:15 pm PT

    Its not red octane, its actvision, I dunno but pretty sure RO doesnt care

  • Halo2_Norad

    Posted Sep 20, 2006 9:53 pm PT

    My Shreddar, and Wirless Flying V are going to get very expensive if RO wins. They are all goiong to be recalled and destroyed and I'm going to keep mine. I smell Ebay...

  • Sir_Crocidile

    Posted Sep 20, 2006 9:15 pm PT

    Heh I own one of those. Yes the box looks RIDICULOUSLY similar to the official stuff. When I bought it I was pretty sure it couldn't be legal as it was way to similar, however, their wireless controller is much better then the official (at least for me). Not sure where they are getting the tilting problem however as it works fine for me.

  • Gamer6534

    Posted Sep 20, 2006 7:09 pm PT

    well that sucks for The Ant Commandos, it's a shame because they had some pretty cool looking controllers.

  • gatewaygal01

    Posted Sep 20, 2006 6:46 pm PT

    Sad that ant commando will go down, but darn their guitars look WAY cooler!!! I love the different skins!

  • SteveTwo

    Posted Sep 20, 2006 4:52 pm PT

    Mmmmm.... Delicious Ironing... :-D The irony isn't half-bad either! Try it with the salsa.

  • kabuki_tanooki

    Posted Sep 20, 2006 3:35 pm PT

    oh. so now that Red Octane has Activision...they want to shut the little guys down?

    what hypocracy.

    booooooooooooo! red octane. may people sue you for causing carpal tunnel syndrome brought on by playing Bark at The Moon on expert!

  • SpareJesus

    Posted Sep 20, 2006 3:18 pm PT

    Well, if this is Red Octane's doing, then I hope Konami manages to sue them (again) for making 3rd Party DDR periphials, and for taking the premise of a guitar game. And I hope KnuckleBonz sue them for infringement of the name. Har.

    If this is Activision's doing, I hope they die a painful death for being so damned arrogant about it.

    And I agree with the below poster;

    The ironing is delicious.

    I'll still be buying GH2, either way. ^_^

  • ra7krz

    Posted Sep 20, 2006 2:32 pm PT

    that sux, those wireless guitars kick major ass, RedOctane, you changed,

  • soadnick947

    Posted Sep 20, 2006 2:24 pm PT

    Don't let all the fame go to your head RedOctane, but that would never happen, would it? ;-)

  • Soldier_Shadow

    Posted Sep 20, 2006 12:44 pm PT

    im positive that if Activision didnt buy RedOctane, this suit would have never been filed. They are just making alternate guitars and I doubt RedOctane would have a problem, but Activision is the mind and the a**holes behind this lawsuit.

  • Orlandun

    Posted Sep 20, 2006 12:41 pm PT

    Although i have a feeling this is more Activisions doing then Red Octane I find this to be a horrible act of hypocrasy.

    But all you people screaming your not going to buy GH 2 over this to me is just childish

  • audioslave69

    Posted Sep 20, 2006 12:28 pm PT

    Hypocrits.
    Just for this I aint gettin' GH II

  • Techno_Burn

    Posted Sep 20, 2006 10:52 am PT

    What idiots... I don't know if they are by this company or not, but all the third party controllers i've seen are works of art compared to Red Octanes pathetic SG copy!

  • liversnot

    Posted Sep 20, 2006 10:02 am PT

    i do not really agree with what red octane is doing, however i am sure activision has something to do with it too. look at the other part of the people who had something to do with the game, harmonix, frequency and amplitude were great games, guitar hero is only a natural progression from that point on, and even though i have not played guitar freaks, based on the sountracks from past konami games, (DDR, beatmania, more DDR....) i doubt the guitar freaks soundtrack is really anything to get excited over. guitar hero on the other hand...and even better guitar hero 2.

  • Felys

    Posted Sep 20, 2006 9:44 am PT

    Funny how Red Octane sues for a practice that their own company was based on for years....making 3rd party music game accessories...

    hypocrites..

  • Ehllee

    Posted Sep 20, 2006 9:22 am PT

    The ironing is delicious

  • anamnawshad

    Posted Sep 20, 2006 8:54 am PT

    Hypocrits.....

  • sdcseg

    Posted Sep 20, 2006 8:50 am PT

    This is just sad. I love GH, but with this I really might not even buy GHII. They do have some points with the branding and the stickers, but they are asking way too much. What they should really be doing is partnering with this company and bringing the value to the customer. What is probably really happening is that GHII will have a wireless option and RO is scared that this might detract from sales.

    Every so lame RO. Shame on you.

  • metdevthegamer

    Posted Sep 20, 2006 8:16 am PT

    That's dumb.

  • SuperH75mil

    Posted Sep 20, 2006 6:18 am PT

    Aw, come on RedOctane! Don't **** things up now!

    Unlicensed peripherals, when they don't suck, bring joy to us all! If it weren't for your third-party, $99 RedOctane dance pads, I would never have gotten even halfway decent at DDR.

    Besides, although I can't imagine they'd work too well, those wireless Guitar Mania controllers look sweet. They're the flying V shape (kinda'), and one of them is BLUE. Mmm, sweet blue.

    EDIT: For those who've said they own one...do they work well? 'Cause I'd get one when GHII comes out if they do.

  • Autolycus

    Posted Sep 20, 2006 5:51 am PT

    only in america...

  • pizzamanopenup

    Posted Sep 20, 2006 5:46 am PT

    Man Redoctane... You guys are arrogant.

  • Toribor

    Posted Sep 20, 2006 4:25 am PT

    So, Red Octane is suing a company for doing the exact same thing that red octane has been doing for years just because now they are the man and The Ant Commando is the little guy?

  • tonyleo01

    Posted Sep 20, 2006 2:25 am PT

    I hope Konami take a dip in on thisWell. While the guitar from Guitar Hero has more functionality (5 frat button instead of 3) than Guitar Freak, it doesn't really change the fact that they're kind of stole Konami Idea.

  • VFG

    Posted Sep 20, 2006 2:18 am PT

    Oh, so it's okay to rip off products from the other guy as long as he doesn't do it to you, right?

  • shasam712

    Posted Sep 20, 2006 2:04 am PT

    Ouch, Red Octane are asking for alot...

  • Striker426

    Posted Sep 20, 2006 12:01 am PT

    Those Ant guitars suck, don't bother with them. Just stick with the SG. As for the "Guitar Hero" name, well, who had it first or who registered it first? Can't we all just get along?

  • Sickboy_NOLA

    Posted Sep 19, 2006 11:16 pm PT

    RO will lose.

  • K1LLSWITCH

    Posted Sep 19, 2006 10:54 pm PT

    Sounds like one giant rumble royale. I prefer to watch this from a distance.

  • taisui

    Posted Sep 19, 2006 10:41 pm PT

    Guitar Hero is a rip-off from Konami's Guitar Freak!!!

  • Erebus

    Posted Sep 19, 2006 10:37 pm PT

    Activision/RedOctane will lose. Money will be wasted, and fans will be jilted. Drop your case before it's too late.

  • syx

    Posted Sep 19, 2006 9:58 pm PT

    Big guy ****ting on the little guy? Or just trade practices? Settle it out of court in RedOctane's new game, Law Hero!

  • EikeofGaia

    Posted Sep 19, 2006 9:55 pm PT

    =/

    I really like my Flying V.

  • joeamis

    Posted Sep 19, 2006 9:45 pm PT

    Based on the info presented in this article, it is clear that RO has a legitimate case.

  • OdinDragoonX

    Posted Sep 19, 2006 9:43 pm PT

    Guitar Hero..no thanks, the controller is cheaper then dirt

  • RahKayne

    Posted Sep 19, 2006 9:42 pm PT

    If you haven't played guitar hero, you can say !@$*

  • chibi-acer

    Posted Sep 19, 2006 9:35 pm PT

    The lawsuit is based on the idea that the competitor is marketing their product too similar to the official GH ones, with a similar look, logo, and name. They claim people will buy it thinking it's an official product and are being misled. It's like when people make cheap TVs and label them "Somy" or "Penasonic".

  • ThumbsUpMaster

    Posted Sep 19, 2006 9:27 pm PT

    So they can copy DDR but no one else can copy them.... right....

  • Dninex

    Posted Sep 19, 2006 9:20 pm PT

    http://en.wikipedia.org/wiki/Guitar_Freaks

    GuitarFreaks is a 1998 arcade game created by Konami ...

    Hmm... and RO is suing TAC for an idea that's not even purely original... interesting...

  • CitizenSwift

    Posted Sep 19, 2006 9:18 pm PT

    Shame on you GameSpot. You know very well that Harmonix *developed* Guitar Hero.

  • FoxHoundADAM

    Posted Sep 19, 2006 9:12 pm PT

    Anyone who doubts the greatness of GH has no idea what they are missing out on. In fact I managed to the biggest fanboy in Xbox history to play it (he refuses to play PS2 games no matter what). He liked it so much he is dying for the 360 to get a version later on.

  • Vyse86

    Posted Sep 19, 2006 9:10 pm PT

    Didn't Gamespot give away some of those as prizes? "Air Guitar Just Got Sicker!!" Wasn't that an Ant Commandos product?

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