14 DAY TRIAL // Not one day has passed since RedOctane, and parent company Activision, filled suit against The Ant Commandos (TAC), taking their custom made Guitar Hero controllers to the courthouse. Today, we learn about the countersuit where TAC claims the opposing companies are violating Federal Antitrust legislation by clinging to the Guitar Hero game and controller bundle. Furthermore, Activision and RedOctane allegedly"copied the identifiable trade dress of the controller from its developer and part owner of TAC, Topway Electrical Appliance, Co."
Among other things, RedOctane claimed TAC's controller was not entirely suitable for playing Guitar Hero due to problems in handling the game's hero mode. The answer came today, as TAC implies Guitar Hero's original controller design was copied by RedOctane altogether, including color, shape, and the placement of the five fret buttons. According to TAC, the title itself is a steal from "Topway's identifiable trade dress."
A preliminary injunction was filed against RedOctane and Activision, asking the federal court to prevent the companies from further infringing on Topway's trade dress. The same injunction demands fair market competition between the involved parties by breaking the monopoly RedOctane aims to have over the Guitar Hero controller. TAC wishes to take advantage of the public's right to choose the better product out of the two available options. Currently, the game and RedOctane controller are bundled together on sale.
Hong Lip Yow, The Ant Commandos owner, said his company will continue to design, manufacture, and distribute The Guitar Mania Line: "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."