Last month we reported that pop-rock band No Doubt was suing Activision for using their likenesses in Band Hero.
Despite Activision’s claim that they have a written agreement with the band to use No Doubt’s likeness and songs in the game, the band filed the lawsuit against Activision for “the unauthorized use of the No Doubt’s name and likeness.” No Doubt was apparently OK with players being able to play their songs using their likenesses, but had a problem with the m using their likenesses to play other songs.
Activision has responded with a countersuit, claiming that the band did not do its due diligence before signing the deal.
The publisher’s counterclaim states that “No Doubt is not entitled to any damages or other relief.” It goes on to state that the band has “failed to honor its promises.” Among those alleged broken promises, the band has apparently neglected its duty to promote the game.
“Even though Activision fully paid No Doubt under the parties’ contract, No Doubt failed and refused to perform the services No Doubt had agreed to provide and otherwise breached its agreement with Activision, including by refusing to perform promotional services” reads the counterclaim.
Activision claims that the band is keeping money paid for services which it did not provide, and is therefore demanding to be repaid for damages.
No Doubt is not the first celebrity to have a run-in with Activision. Courtney Love also became upset after learning that she had sold off the likeness of her ex-husband Kurt Cobain, apparently without understanding the implications of the deal.
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