Romantics sue Activision over Guitar Hero

Billboard is reporting that the members of the band The Romantics have filed a lawsuit against Activision over Guitar Hero Encore: Rocks the 80s.

The game uses sound-alike musicians to sing "What I Like About You," but The Romantics apparently believe that the musicians sound too much like them.

The suit, filed in Detroit, alleges that the Guitar Hero recording of the song improperly imitates the band's sound which they have developed since 1979 and confuses consumers into believing that The Romantics recorded the music and endorsed the product.

Activision, RedOctane, and Harmonix Music Systems have all been named defendants in the lawsuit. The Romantics are seeking compensatory and punitive damages and are asking the court to enjoin further distribution of the game.

Although Activision has not yet responded to the suit, it should be noted that Guitar Hero players are informed that songs in the game are "As made famous by," rather than "As performed by," certain musicians.

The right of publicity gives an individual the legal right to stop others from using his or her identity for commercial purposes without permission, but typically this arises only in cases where well-known voices are being imitated.