No Doubt v. activision

The rock band No Doubt brought suit against the videogame publisher
se of the Band Hero videogame featuring computer-generated images of the members of No
Doubt.

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No Doubt licensed the likenesses of its members for use in Band Her o, but
contends that Activision used them in objectionable ways outside the scope of the
parti
Code of Civil Procedure section 425.16, contending that No Doubt cannot
demonstrate a probability of prevailing on its claims for violation of the right of
publicity (Civ. Code, § 3344 and common law) and unfair competition (Bus. &
Prof. Code, § 17200) because its use of the No Doubt likenesses is protected by the

Applying the transformative use test first adopted in Comedy I I I Pr oducti ons, I nc.
v. Gar y Sader up, I nc. (2001) 25 Cal.4th 387, we conclude that the creative
elements of the Band Her o
band members into anything more than literal, fungible reproductions of their

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