The reason? Because Gibson claims that the controller used in the game is in violation of one of its patents, according to the Associated Press. The patent in question seems a little iffy: "...simulate participation in a concert by playing a musical instrument and wearing a head-mounted 3-D display that includes stereo speakers," it reads in part.

The company had already sued Activision, and has extended its suit to protect its intellectual property, according to the company: "In Gibson's lawsuit, it states the company 'has been damaged and will continue to be damaged by the aforesaid infringement unless defendants are enjoined, preliminarily and permanently, from selling and offering for sale infringing products ...'" the AP reported.

Naturally, those retailers that have responded have said the suit is without merit. Activision stopped just short of indemnifying them, though, which would have offloaded all legal liability onto Activision's shoulders.

Guitar Hero and blockbuster franchise Call of Duty propelled Activision to massive fourth-quarter revenues.

(Image source).