A judge has rejected an effort by Activision Publishing Inc. to dismiss key claims by the band No Doubt that the gaming giant misused the band’s likeness in the video game “Band Hero.”
Los Angeles Superior Court Judge Ramona See ruled Tuesday that a jury should consider several of the band’s claims, including fraud, violation of publicity rights and breach of contract.
No Doubt sued the gaming company in November 2009, claiming Activision never told the band’s members that their avatars could be used to sing other musicians’ songs. The band’s lawsuit cited instances in which lead singer Gwen Stefani could be used to perform suggestive lyrics from the Rolling Stones’ hit “Honky Tonk Women.”
Jeffery McFarland, an attorney for Activision, said the company had a strong defense and looked forward to a trial.