Ant responds to RedOctane/Activision lawsuit

I just got off the phone with Abby Oliva, public relations manager for The Ant Commandos -- who as you may know has been sued by RedOctane and Activision for copyright infringement -- and she talked to me about the lawsuit and about the counter lawsuit by TAC that has been filed. According to TAC and Oliva, RedOctane stole their design for the controller used in the very popular Guitar Hero for the PlayStation 2. Oliva gave me this timeline of events: • 1999: Topway Electrical Appliance (part owner of TAC) patents the Magical Guitar controller for Konami's Guitar Freaks. The design had five fret buttons very similar to what Guitar Hero has now. • 2001 and 2004: CEO of RedOctane, as well as a sales manager, made several visits to a Topway factory in China and inquired about the Magical Guitar controller. • From 2001-2004: RedOctane purchased "several hundred" Magical Guitar controllers. • 2005: RedOctane releases Guitar Hero with a controller that looks "exactly like" the Magical Guitar. TAC filed the counter suit yesterday and Oliva has told me that the president of TAC has tried to contact RedOctane but with no success. As for RedOctane's claim that TAC's controllers lack the essential tilt function, Oliva said the shredder model was for a younger audience and you have to shake the controller, not tilt it. She said the newer models available from TAC do feature a tilt mode. Check after the jump for the full press release on the counter suit. 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