It’s been released today that a court has granted No Doubt permission to move forward with their lawsuit against Band Hero creators, ActiVision. The band sued the company back in November of 2009 after the use of their avatars were able to be used through out the entire game, and not just the No Doubt songs, which they were told that was only happening. ActiVision tried to stop the lawsuit, but have failed. Congratulations to the band on winning their appeal and we wish them the best of luck with the rest of the case! You can read the full case details here.
BH Courier — Members of the band No Doubt can move forward with a breach-of-contract lawsuit against a video game developer over the use of their likenesses in the game “Band Hero,’ a state appellate court panel ruled today.
The three-justice panel of the 2nd District Court of Appeal upheld Los Angeles Superior Court Judge Kenji Machida’s decision last April 15 denying a dismissal motion by lawyers for Activision.
They had asked that the case be thrown out on grounds it violated the company’s right to free speech through creative expression.
Machida said the crux of the suit is an allegation that the firm used the digital avatars of the band to a greater extent than allowed under a contract.
“Band Hero” includes three songs from No Doubt in which players can perform as members of the group fronted by singer Gwen Stefani.
The suit, filed in November 2009, alleges they did not agree to let players use their virtual likenesses to perform other songs available on the game.