Rock group No Doubt can move forward with a breach of contract lawsuit against Activision Inc. over the use of likenesses in the video game “Band Hero,” a California appellate court panel ruled Tuesday.

According to court documents, the three-justice panel of the 2nd District Court of Appeal upheld Los Angeles Superior Court Judge Kenji Machida’s April 15 ruling, which denied a dismissal motion by lawyers for Activision. The video game maker asked that the case be thrown out on the grounds it violated the company’s right to free speech through creative expression.

The lawsuit, filed in November 2009, claims the band did not agree to let players use their virtual likenesses to perform other songs available on the game. “Band Hero” includes three songs from No Doubt in which players can perform as members of the group.

The band claims that Activision used the digital avatars of the band to a greater extent than allowed under contract.

If you are involved in a contract dispute, and would like to speak with an Orange County Business Litigation Attorney regarding your case, please contact the business law firm of Daily Aljian by calling 949-861-2524.