Rock band The Romantics have filed a lawsuit against Activision, Harmonix and RedOctane over a cover version of one of the band's songs featured in Guitar Hero Encore: Rocks the 80's.
According to the band, the re-recording of the 1980's hit What I Like About You is "virtually indistinguishable from the authentic version" and confuses consumers into believing that the band actually recorded the music and endorsed the product, reports Billboard.
The suit, filed November 20 in a federal District Court in Detroit, lists California-based Activision, Harmonix Music Systems and RedOctane as defendants. It also names Wavegroup Sound as performers of the music. Plaintiffs The Romantics are seeking compensatory and punitive damages, and are asking that the court enjoin further distribution of the game.
The right of publicity gives an individual protection against others from using his or her identity for commercial purposes without permission, but in most cases this right is only brought into play when well-known voices have been imitated.