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In a previous post, we brought you the case where the rock group No Doubt sued video game giant Activision after the game Band Hero was released in November 2009. No Doubt argued that its contract with Activision permitted the use of avatars to represent each of the four members of the band in the three playable No Doubt songs in Band Hero, but that Activision had made it possible for the avatars to be ?unlocked? and used in conjunction with several dozen other songs featured in the game. No Doubt argued that since their contract with Activision had required prior written approval for any other uses of the band?s music or likenesses, the company had breached its contract.

The case, it seems, will continue. On April 15, 2010, Los Angeles County Superior Court Judge Kenji Machida issued a tentative ruling which rejected Activision?s effort to invoke freedom-of-speech protections under the 1st Amendment in defense of the broader use of the No Doubt avatars.

The court also rejected Activision?s attempt to have the case moved to federal court. Activision made the argument that the case was a copyright issue and not a right-of-publicity issue as No Doubt argued. The court disagreed with Activision and ruled in favor of No Doubt.

Even though Activision has the right to appeal the Superior Court?s decision, the company reportedly does not plan to appeal the ruling.

This case is No Doubt v. Activision Publ'g, Inc., Case No. BC425268 and was filed in 2009 in the Los Angeles County Superior Court. We will continue to follow the case as this whole spiderweb continues to court.

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