Activision has lost its latest appeal in an ongoing legal battle with rock band No Doubt. The group filed suit against the games publisher in 2009 over the use of its likeness in Band Hero. The case between the two parties is expected to go to trial later this year.
Superior Court Judge Ramona See ruled to reject a motion by Activision's lawyers to dismiss certain claims in No Doubt's complaint, including fraud, violation of publicity rights and breach of contract. Those claims are, in fact, "genuine disputes" that a jury should consider, according to See.
The appeal follows a judgement made in 2010
when the publisher was denied from using Freedom of Speech protections as a defence also backfired. It also tried to move the case to a federal court as a copyright issue.
Activision maintains that the band was aware of its intentions to allow a virtual version of the band to be played and seen during the performance of other artists' songs. It apparently had a video recording of the band being told this. No Doubt's attorney hit back by stating that the group has repeatedly won the rights to pursue the case, and the ruling "seemed inevitable".