No Doubt v. Activision Publishing, Inc.

ORDER GRANTING PLAINTIFF’S EX PARTE APPLICATION TO REMAND [8] AND REMANDING CASE TO LOS ANGELES COUNTY SUPERIOR COURT

I. Introduction

Plaintiff filed a Complaint against Defendant in state court. Defendant removed the case to federal court, arguing that Plaintiffs Complaint is preempted by the Copyright Act. Plaintiff filed an ex parte application to remand the case to state court. For the following reasons, the Court grants Plaintiffs application and remands the case to state court.

II. Facts

The following facts are taken from Plaintiffs complaint, which for present purposes must be taken as true. Roberts v. Corrothers, 812 F.2d 1173, 1177 (9th Cir.1987); see also Doe v. Holy See, 557 F.3d 1066, 1073 (9th Cir.2009).

Plaintiff No Doubt is a music group. Defendant Activision Publishing, Inc. is a video game manufacturer. On May 21, 2009, Plaintiff and Defendant entered into a contract whereby Plaintiff licensed Defendant a specific, limited and restricted use of Plaintiffs name, likeness, and musical works in Defendant’s new video game, Band Hero. Under the agreement, Plaintiff permitted Defendant to create animated character representations, or “avatars,” of Plaintiffs…