Activision Free Speech Bid For 'Band Hero' Canned

Law360, New York (April 16, 2010, 6:25 PM EDT) -- A California state judge has dealt Activision Publishing Inc. a heavy blow in its contract dispute with rockers No Doubt over the “Band Hero” video game, rejecting the company's claim that its use of the band’s likeness is a form of free speech protected by the anti-strategic lawsuit against public participation statute.

On Thursday, Judge Kenji Machida of the Superior Court of California denied Activision’s late attempt to jettison No Doubt’s unfair competition and right of publicity claims, finding that the First Amendment does not in...
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