No Doubt has prevailed in a counter-suit brought on by Activision over the use of the band’s image in Band Hero – at least in the first round.
L.A. County Superior Court Judge Kenji Machida has tentatively ruled against Activision, which claimed freedom-of-speech protections under the First Amendment when using No Doubts avatars in the game.
Activision had moved to shift the case to federal court, claiming that the case was more of a copyright issue instead of right-of-publicity, which lawyers for No Doubt argued.
This was also rejected by the courts, but Activision still has the right to appeal the ruling.
Back in November of last year, No Doubt sued Activision, due to breach of contract claims stemming from Band Hero players being able to use No Doubt’s image when playing other artists’ material.
No Doubt claimed that Activision made it possible for the avatars to be “unlocked”, making them nothing more than a “karaoke act”.
The following month, Activision filed a countersuit, claiming that band did not request their avatar to be locked until after the game was released.
Activision’s seeking “unspecified damages and interest, a return from No Doubt of all benefits and payments, an order for No Doubt to pay the full cost of this action and reasonable attorney fees, along with further awards and relief that the Court deems just and proper.”
Via The L.A. Times.
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