Activision could be sued after Rock band The Romantics filed a lawsuit over a cover version of one of their song's 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 gives the false impression that the band has endorsed the game.
The suit, filed November 20th in a federal District Court in Detroit, also lists Harmonix Music Systems and RedOctane alongside Activision as defendants, and names Wavegroup Sound as performers of the music.
The Romantics are seeking compensatory and punitive damages, and are asking that the court prevent further distribution of the popular 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.