We knew it wouldn't be long before the highly sought-after, incredibly popular and hard-to-come-by gift of the year, the Nintendo Wii game system, along with its games, ended up being the targets of lawsuits.

San Diego resident Samuel Livingston is suing Activision, Inc., the maker of the popular Guitar Hero III: Legends of Rock game, advertised and sold as fully supported on the Nintendo Wii video game console. According to court documents, the Guitar Hero III game does not meet its claim to support Dolby Pro Logic II surround sound for the Wii. Rather, Livingston claims that gamers are only provided with mono sound for nearly all aspects of game play.

Livingston's lawsuit charges that Activision engaged in deceptive and unlawful conduct in designing, manufacturing, distributing, and selling a defectively designed music video game for the Nintendo Wii game console. In addition to seeking class action status, damages are sought in the amount of monies paid for Guitar Hero III games for Wii, and unspecified actual damages, statutory damages, punitive or treble damages, and such other relief as provided by statutes, equitable relief in the form of restitution and/or disgorgement of all unlawful or illegal profits received by defendant, and the costs of bringing the suit, including reasonable attorneys' fees.

In reporting about the lawsuit, TMZ.com, a joint venture between Telepictures Productions and AOL, noted, "The true miracle - that this player could rip himself away from the game long enough to actually file a lawsuit."

—Source: TMZ.com and court documents