'Guitar Hero' publisher sued by Romantics

Michigan band ‘The Romantics’ has filed a lawsuit against Guitar Hero game publisher Activision. The moot point is the use of a sound-alike recording of What I like about You in Guitar Hero Encore: Rocks the 80s. The ban is also seeking an injunction against the game, the outcome of which could be the game being pulled from store shelves.

The Romantics are an American rock band from Detroit, Michigan. The band adopted the name "The Romantics" because it formed on Valentine’s Day, 1977. The band enjoys considerable popularity on the strength of its catchy, energetic songs and stylish, memorable music videos.

Activision, founded on October 1, 1979, is an American video game developer and publisher. The company is the first independent developer and distributor of video games for gaming consoles. It is now one of the largest third party video game publishers in the world, so far being the top publisher of 2007 in the U.S.

The game publisher, Activision, had permission to use a cover version of the song ‘What I Like About You’. That is why the band isn't claiming Activision infringed on its copyright of the song.

However, The Romantics claim that the cover is virtually indistinguishable from the authentic version and thus would confuse consumers into believing that the band actually recorded the music and endorsed the product.

The lawsuit is requesting the cessation of sales of the game and monetary damage.

Band’s Attorney William Horton said, "It's a very good imitation, and that's our objection. Even the guys in the band said, 'Wow, that's not us, but it sure sounds like us. The sales of this game are huge. We're all for good commerce. We just want to share in it."

Also named in the lawsuit are RedOctane, Harmonix, and Wavegroup Sound which recorded the song for the game.