A Superior Court judge ruled that No Doubt's lawsuit against Activision and its game Band Hero can move forward. Activision lawyers had asked the court to dismiss the case, but Superior Court Judge Ramona See denied the motion. No Doubt appeared in the game Band Hero as playable characters, but the group sued Activision in November 2009 because they claimed that they only gave permission for their likenesses to be used when playing their own songs.
Activision counter-sued, claiming the band failed to do its due diligence (fully understanding all of the obligations involved in the deal), was in breach of its contract and was simply attempting to unjustly enrich themselves.
While the judge rejected a request to dismiss several No Doubt claims (fraud, violation of publicity rights and breach of contract); she also denied No Doubt's motion for an injunction against Activision to stop the use of the band's likeness in Band Hero. One would assume that the waning popularity of the title had a lot to do with the judge's decision. See said that the dispute should go before a jury.
Activision claims that it has a video recording of the band members being told exactly what their part in the game would entail including how the unlockable content would be used in-game.
A date for a jury trial has not been set.