It’s been nearly three years since No Doubt first filedagainst Activisionfor improper use of their likeness in 2009Guitar Herospin-off,Band Hero. Since then the evil publisher hascounter-suedthe band, claiming they were in breach of contract and are seeking to unjustly enrich themselves — a humorous assertion from a companyroutinelytrying to nickel-and-dime their customers into submission.
Activision’s legal team filed for a dismissal of the original suit, butSuperior Court Judge Ramona See rejected that motion on Tuesday and suggesting that the matter be decided by a jury. The judge also turned down No Doubt’s request for an injunction against further use of their likeness performing the work of other artists in the game.
While no specific court date is set at this time, opposing counsel have already begun preparing their cases. Kotick’s hired guns claim to have a strong defense that includes a recording where the publisher informs the group exactly how unlockable content would be used in-game. Plaintiff attorneys are also confident, having nowrepeatedlywon the right to pursue the case. I just have to wonder if anyone will still be playingBand Heroby the time all this gets resolved.
No Doubt Band Hero lawsuit against Activision going in front of a jury[Gamasutra viaGamePolitics]
