The lawsuit by band No Doubt against Band Hero
publisher Activision hit another milestone this week, as a judge ruled against Activision's call for a dismissal of the case.
No Doubt appeared in the game Band Hero
as playable characters, but the musicians sued Activision in November 2009
, alleging they gave permission for their likenesses to be used only to play their own songs, not to be used as general avatars that can sing any song.
, claiming the band -- which consists of members Gwen Stefani, Tony Kanal, Adrian Young, and Tom Dumont -- failed to do its due diligence, and was breaching contract and attempting to unjustly enrich themselves.
Superior Court Judge Ramona See has now rejected
Activision's call to dismiss several of No Doubt's claims, reports the Atlanta Journal-Constitution, including fraud, violation of publicity rights and breach of contract. See said that the dispute should go to a jury to be considered.
However, the judge also denied a request from No Doubt for an injunction against Activision using the band's likeness to perform other artists' work in Band Hero
. If the band wins at trial later this year, it could again pursue this injunction.
Activision claims that it has a video recording of the band members being told exactly what the unlockable features of the game were going to be, and the company's lawyers said it has a strong defense.
However, No Doubt's attorney Bert Deixler noted that the band has repeatedly won the right to pursue the case. A judge refused
to dismiss the case last year.