U.S. Army Captain Michael Kelvington, commander of the Battle company, 1-508 Parachute Infantry battalion, 4th Brigade Combat Team, 82nd Airborne Division, bows next to remains of Gulam Dostager, a member of Afghan Local Police who was killed in the blast of an Improvised Explosive Device (IED) during the joint Tor Janda (Black Flag in Pashtu) operation, in Zahri district of Kandahar province, southern Afghanistan May 25, 2012.  REUTERS/Shamil Zhumatov  (AFGHANISTAN - Tags: MILITARY CIVIL UNREST CONFLICT TPX IMAGES OF THE DAY)

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Members of the U.S. Navy Blue Angels fly over the World Trade Center in lower Manhattan as part of the 25th annual Fleet Week celebration in New York, May 23, 2012.  REUTERS/Eduardo Munoz (UNITED STATES - Tags: MILITARY ANNIVERSARY TPX IMAGES OF THE DAY)

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Rockers No Doubt sue Activision over "Band Hero"

LOS ANGELES | Wed Nov 4, 2009 7:00pm EST

LOS ANGELES (Reuters) - Rock band No Doubt sued video game publisher Activision Blizzard Inc over the use of their likeness on its new "Band Hero" product, accusing the company of turning the rockers into a virtual karaoke act.

No Doubt and Activision had a contract allowing the company to use the band members in the game, but Activision, which is based in Santa Monica, California, went beyond the agreement by allowing gamers to use avatars of the band performing songs from other rock groups, the lawsuit states.

"Band Hero" is a variation on Activision's "Guitar Hero" game, which was launched in 2005 and passed the $2 billion sales mark at the beginning of this year.

The lawsuit was filed on Wednesday in Los Angeles Superior Court, a day after "Band Hero" hit stores, and it accuses Activision of fraudulent inducement and breach of contract.

In one instance of how "Band Hero" allows for unauthorized use of No Doubt's likeness, a feature on the game has the band's Gwen Stefani singing Rolling Stones song "Honky Tonk Women," the band's lawsuit states.

The feature "results in an unauthorized performance by the Gwen Stefani avatar in a male voice boasting about having sex with prostitutes," the lawsuit states.

In a statement the company said: "Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit."

With its lawsuit, No Doubt is seeking unspecified damages and an injunction preventing Activision from distributing the game. No Doubt wants Activision to recall existing copies.

No Doubt hails from the suburban community of Anaheim, California, south of Los Angeles, and the band scored hits with the songs "Don't Speak" and "Underneath It All."

In September, Courtney Love, the widow of Nirvana frontman Kurt Cobain, criticized Activision for using Cobain's likeness in "Guitar Hero 5" in ways that she did not approve of, including singing songs from other bands.

(Reporting by Alex Dobuzinskis; editing by Bob Tourtellotte and Andre Grenon)

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