The American rock band announced it would take legal action against Activision in 2009 after members of the group appeared as unlockable characters in the game.
When the suit was originally filed, Activision’s claims that they “committed no wrong” were dismissed by the Superior Court.
Almost three years later, the case is set to go to trial later in the year.
No Doubt argued that using their avatars with the voices of other artists turned them into a “virtual karaoke circus act” to which Superior Court Judge Ramon See has ruled that the band has a case on three counts: fraud, public rights violation, and breach of contract.
Activision says it has not acted in an illegal and wrongful manner. Representative for the publisher Jeffery McFraland also claims that the company owns a video that shows the band being told about their likeness being used in the game.
The two will return to court to continue the case later this year.
source: The Verge
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