No Doubt sues video game maker over 'Band Hero'

Band seeks unspecified damages, injunction and recall

November 5, 2009, 1:40 p.m.

STAFF REPORT

No Doubt is suing video game maker Activision over a feature in the new "Band Hero" game that allows players to control virtual band members and have them sing other artists' songs.

The lawsuit says that allows players to have lead singer Gwen Stefani perform suggestive lyrics from the Rolling Stones' hit "Honky Tonk Women." Manipulation "results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes," according to the lawsuit.

The rock band alleges that while Stefani, bassist Tony Kanal, Tom Dumont and Adrian Young all signed off on allowing their likenesses to be used, it came with the stipulation that the company could only employ the use of three of their songs, "Don't Speak," "Excuse Me Mr." and "Just a Girl."

The gamemakers allow players to manipulate the band so they can perform more than 60 songs of other artists, turning No Doubt, according to the lawsuit, into little more than "a virtual karaoke circus act."

The suit also notes a virtual version of Kanal can be made to sing his band's hit "Just a Girl," but with Stefani's voice.

Activision says in a statement it had lengthy negotiations with No Doubt and that the gameplay is "within its legal rights."

No Doubt is seeking unspecified damages and an order barring Activision from using band members' likeness to perform other artists' songs, as well as an injunction preventing Activision from distributing any more of the game and the recall of all existing copies of Band Hero.