A Superior Court judge has rejected a motion filed by Activision to dismiss claims brought against the company by the band No Doubt. The band claims that Activision engaged in fraud, violation of publicity rights, and breach of contract by making misleading claims about an appearance in Band Hero. The court dismissal means that No Doubt can argue its case to a jury.
The Associated Press reports that Judge Ramona See determined that the jury should consider the evidence rather than have the case dismissed outright. See also denied a request for an injunction that would bar Activision from using band members' likenesses from performing other artists' work in Band Hero, which was the offense that sparked the initial complaint.
No Doubt claims it was never told that players could unlock avatars of the band to perform other artists' music. Activision counters that unlocking unadvertised features in a game is a normal practice in game development. Plus, Activision attorney Jeffery McFarland claims the company has a recording of the band being told about the game's unlockable features.
Activision has tried and failed for a dismissal before, claiming first amendment rights cover general use of the band's imagery. The company has had similar charges brought for its use of Kurt Cobain and Maroon 5.