California Court of Appeal

In a suit brought by rock band No Doubt against the videogame publisher Activision based on Activision's release of the Band Hero videogame featuring computer-generated images of the members of No Doubt, the trial court denial of motion to strike under Code of Civil Procedure section 425.16 is affirmed where: 1) No Doubt's right of publicity claim is not barred by the First Amendment; and 2) No Doubt need not demonstrate that Activision used the likenesses of the band members in an "explicitly misleading" way in order to prevail on its unfair competition claim.

Appellate Information

• Decided 02/15/2011
• Published 02/15/2011

Judges

• WILLHITE

Court

• California Court of Appeal

Counsel