But judge rejects temporary injunction over group's in-game likeness

Activision heading to court in Band Hero dispute

Activision has lost its motion for dismissal about how it used a rock group’s likeness in Band Hero.

As reported by Associated Press, American rock brand No Doubt filed the lawsuit in November 2009, claiming it was unaware that characters based on the group could be used to perform songs other than their own.

The group is suing for fraud, violation of publicity rights and breach of contract, whilst the lawsuit claims the game turned No Doubt “into a virtual karaoke circus act”.

Activision however said that “unlocking” unadvertised features such as avatars had been used in many other games, and that it had done nothing wrong.

Whilst rejecting the motion for dismissal, Superior Court Judge Ramona See denied a request for an injunction on the band’s in-game likeness on a technical basis, but the group could pursue this if it wins the trial.

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