No Doubt’s attorneys can argue to a jury that the band was misled
by gaming giant Activision Publishing Inc. about how its likeness
would be used in the video game “Band Hero,” a judge ruled Tuesday.
ruling by Superior Court Judge Ramona See rejected a motion by
Activision’s lawyers to dismiss several claims from the case,
including fraud, violation of publicity rights and breach of
contract. See determined there were genuine disputes about evidence
that a jury should consider.
No Doubt sued the
Santa Monica, Calif.-based video game company in November 2009,
claiming the band was never told that players would be able to
unlock avatars of the band to perform other artists’ music.
case cited instances in which players could use singer Gwen Stefani
to perform suggestive lyrics from the Rolling Stones’ hit “Honky
Tonk Women,” or have a virtual version of bassist Tony Kanal sing
his band’s hit “Just a Girl,” but with Stefani’s voice.
The lawsuit claimed the feature turns the band “into a virtual karaoke circus act.”