…The [Activision lawsuit against Gibson] may surprise the many “Guitar Hero” fans who have played the game, because to do so requires holding officially licensed replica Gibson guitars. It would have seemed these two companies got along: The guitars for the first “Guitar Hero” games were modeled from Gibson SGs, the Xbox 360 version of “Guitar Hero II” included a replica Gibson X-Plorer, and the controller for “Guitar Hero III” is based on Gibson Les Paul.
It seems, however, that Activision isn’t interested in Gibson guitars appearing in future “Guitar Hero” games; a letter submitted as evidence as part of Activision’s suit suggests that any Activision-Gibson guitar deal is dead. In fact, Activision claims that is the reason for Gibson’s complaint.
In a March 10 letter to Gibson’s attorney, Activision lawyer Mary Tuck wrote: “As I indicated previously, Gibson knew about the Guitar Hero games for nearly three years, but did not raise it’s [sic] patent until it became clear that Activision was not interesting [sic] in renewing the License and Marketing Support Agreement. Gibson’s delay suggests that its infringement assertions are not being made in good faith, and it has provided no justification for its conduct.”