Activision Loses Appeal in No Doubt ‘Band Hero’ Suit

Activision Blizzard Inc. lost its appeal of a California judge’s refusal to throw out a lawsuit by the band No Doubt over the way the musicians’ images are used in the “Band Hero” video game.

A panel of the California Court of Appeals in Los Angeles ruled today that Activision’s use of the No Doubt likenesses in “Band Hero” isn’t protected free speech under the U.S. Constitution’s First Amendment because it doesn’t add creative elements to significantly “transform” their depiction.