Guitar Maker Gibson Suing makers of Guitar Hero

Gibson Guitar Inc. is suing major retailers, including Wal-Mart and Target, to force them to stop selling versions of the video game "Guitar Hero," which Gibson believes infringes on a patent filed by the guitar maker in 1999.

Gibson disclosed in a statement that it sued the retailers "to protect its intellectual property and will continue to do so against any other person in accordance with the law and its rights."

Nashville, Tenn.-based Gibson claims in correspondence with "Guitar Hero" maker Activision Inc. that the patent, which covers technology meant to simulate a musical performance, is violated by the game play of "Guitar Hero," where users hit buttons on a guitar-shaped controller in correspondence with "notes" displayed on the game screen.

Gibson is being sued by video game maker Activision Inc., which wants to have the court declare Gibson's patent invalid. Activision's popular "Guitar Hero" series uses a controller shaped like the guitar designed by Waukesha, Wis.-born electric guitar inventor Les Paul.

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

Vicarious Visions, a subsidiary of Activision based in Menands, created "Guitar Hero" for the Wii and announced last week that it is developing another version of the game for the Nintendo DS.