The dispute between Activision and No Doubt over the band's representation in Band Hero will go before a jury on October 15th.
The band's attorney Bert Deixler told Gamespot that No Doubt has "suffered losses of millions" and that Activision's appeals and "lacking" settlement offers have dragged out the case. Deixler also claims that the company hired additional actors for motion capture to create moves the band did not perform.
No Doubt sued Activision in November 2009 over misrepresentation of likeness in Band Hero, saying the publisher breached its contract by having the band's in-game avatars perform songs by other bands. Activision counter-sued a month later, claiming it was public knowledge that unlockable characters in the Guitar/Band Hero franchise have always behaved in this manner. The company accused No Doubt of "not exercising due diligence" before signing on to have their likenesses used in Band Hero.