No Doubt has won the right to take its case against Activision before a jury to say they believe they were misled by the video gaming giant about how their likenesses would be used. The band is featured in Band Hero, but sued the developer back in 2009 saying that they had been misled regarding their appearance in the game. They claimed they were never told that players would be able to use No Doubt to perform other artists' music. The lawsuit claimed the feature turned the band "into a virtual karaoke circus act."
Activision requested that claims of fraud, violation of publicity rights and breach of contract should be dismissed from the case. However, the developer was unsuccessful. The trial will go ahead later this year as a result. Jeffery McFarland, who is representing Activision in this case, is confident regarding the upcoming trial. He has said that the company has a strong defence, including a video recording of the band being told about the game's unlockable features.
No Doubt’s lawyer Bert Deixler described the ruling as “inevitable”. He added that No Doubt had repeatedly won the right to pursue their case. No date has been set for the trial regarding the band’s appearance in Band Hero at this point in time.