No Doubt and Activision will go before a jury

Band sues company for making them a “karaoke circus act.”

The Superior Court rejected a motion from Activision to dismiss several claims made by the band No Doubt regarding use of its likeness in the game Band Hero.

In November 2009 the band sued Activision on grounds they were unaware Band Hero players could unlock avatars of the band to perform the music of other artists. This Tuesday, Superior Court Judge Ramona See ruled that there was a genuine dispute in evidence regarding No Doubt’s claims of publicity rights violation, fraud, and breach of contract.

The lawsuit cited instances of No Doubt members’ avatars using the voices of other artists when singing, including fellow band members, and that this warps the band “into a virtual karaoke circus act.”

Activison countered by saying “unlocking” unadvertised content is a longtime feature of video games in general and that the company committed no wrong.

Activision representative Jeffery McFarland claims the company owns a video in which No Doubt was told about these features.

Attorneys expect the case to go to trial later this year.

In 2009 Courtney love, widow of Curt Cobain, also claimed breach of contract against Activision, stating that she never officially approved the use of her late husband’s likeness in Guitar Hero 5.