Nuh uh! YOUR mom!
In a juvenile turn of events, the creators of the awesome wireless flying V Guitar Hero controller we talked about on the podcast last week, The Ant Commandos, are counter-suing Red Octane and Activision, claiming that both companies copied the design of their guitar controllers from a company called Topway Electrical Appliance, Co. specifically the colored fret buttons. This comes after Red Octane and Activision sued The Ant Commandos for copying the packaging design of their proprietary Guitar Hero controller, trademark infringement, and general hooliganism.
Red Octane used to be a third party DDR pad manufacturer, so it's very odd to see them get on top, and then get down on the little guys for doing the same thing they did just a few years ago. Granted, the trademark infringement stuff is a bit iffy, but in my opinion the Wireless Flying V guitar that "TAC" sells is far superior to the built-in Red Octane controller. What does this mean for you, the consumer? You get to laugh at companies being worse than little kids on the playground. It's fun. Hit the jump for the full press release.
*The Ant Commandos (TAC) Files Counter Claim Against RedOctane and
Activision*
*September 21, 2006- Chino, CA-* The Ant Commandos, Inc. (TAC)
announced today it filed a counter claim in the United States
District Court for the Central District of California against
Activision Publishing, Inc. and RedOctane, Inc. The counter claim
alleges that both Activision and RedOctane are violating Federal
Antitrust legislation pertaining to the Guitar Hero game and
controller bundle. In addition, the counter claim alleges 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 cross complaint
alleges that this design was copied by RedOctane in developing the
Guitar Hero SG controller and alleges that RedOctane developed the
Guitar Hero game around Topway’s identifiable trade dress.
RedOctane allegedly copied the color, shape, and placement of the
five fret buttons located on the controller.
In addition to the counter claim, TAC has filed for a preliminary
injunction asking the federal court to enjoin Activision and
RedOctane from further infringing on the trade dress originally
developed by Topway. The injunction also asks the court to allow for
fair competition in the market by enjoining the sale of the
game/controller “bundle” so that consumers no longer have
to purchase both the Guitar Hero game and the RedOctane controller but
rather may purchase the game and have their choice on which controller
to buy. To date, no injunction against TAC has been filed in this
matter.
Topway originally designed and manufactured the Magical Guitar, a
guitar controller for use with PlayStation® in 1999. TAC alleges
in its cross complaint, among other things, that RedOctane purchased
several hundred of the Magical Guitars from Topway prior to producing
the controllers themselves. Furthermore, the cross complaint alleges
that top management at RedOctane visited the Topway factory on
numerous occasions and specifically inquired about Topway’s
trade dress design.
Hong Lip Yow, owner of The Ant Commandos, Inc., says TAC will
continue to design, manufacture, and distribute The Guitar Mania Line
despite the original claims filed by Activision Publishing, Inc. and
RedOctane, Inc.
“TAC will continue to make and improve on innovative
peripherals to provide gamers with a choice. I strongly believe
consumers should have their own choice, especially when it comes to
choosing a better quality and better designed product,” Hong
Lip Yow stated.
TAC is dedicated to making superior products for the video game
industry. TAC’s guitar controllers offer gamers wireless
controlling options. The TAC controllers also feature a back lit
strum bar, are heavier and stronger than its competitor’s
controllers, and are beautifully colored with quality metallic paint.
*About The Ant Commandos*
TAC is a leading designer, manufacturer, and distributor of
innovative peripherals and accessories for the interactive
entertainment industry. TAC's innovative designs follow our
fundamental belief of Simplicity, Interactivity, and Mobility. TAC's
commitment to pushing the design limits in these dimensions has
spawned many new and exciting products for game enthusiasts
worldwide.
You can find more information about The Ant Commandos by visiting
www.theantcommandos.com or www.theguitarmania.com
