RedOctane countersued for copying the Guitar Hero controller

First RedOctane and Activision file a lawsuit against the Ant Commandos for making a wireless Guitar Hero controller. Now The Ant Commandos are filing a counter claim for violation of Federal Antitrust laws for packaging the controller with the Guitar Hero game. The Ant Commandos also claim that the design for the Guitar Hero controller was copied by Topway Electrical Appliance. “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.” Is Konami going to get in on this action and sue everyone for making Guitar Freaks first?

Below is a picture of the Magical Guitar from Topway. Do you think RedOctane copied Topway’s design?