The law firm has been retained to defend Activision Publishing Inc. in a lawsuit filed by the musical group No Doubt. No Doubt alleges violations of their right of publicity under California law from their likenesses being used in a video game without permission. The case was removed to federal court but remanded back to state court. The firm is to analyze whether No Doubt's claims are barred by the First Amendment, the California Constitution, or their talent license agreement with Activision. A memo is due analyzing these issues.

1. MEMORANDUM
TO: Junior Associates, RWA Section 16
FROM: Senior Partner Goering and Senior Associate Malony
RE: No Doubt v. Activision Publishing, Inc.
DATE: November 3, 2010
Our firm has been retained by Activision Publishing, Inc., a successful producer and
distributor of video games, to assist in defending a complaint filed by No Doubt,a group of
musical performers. The band filed a lawsuitin the Los Angeles Superior Court alleging
several counts against our client. However, the only one we are concerned with is the second
cause of action alleging violation of California Civil Code § 3344 and the common law right
of publicity. Do not research any other claims.
Shortly after No Doubt filed its complaint in Los Angeles County Superior Court,
defendant Activision Publishing, Inc. removed the case to federal court, invoking 28 U.S.C. §
1446.Activision argued that the U.S. Copyright Act preempted No Doubt’s state law claims,
and for that reason invoked the federal court’s exclusive jurisdiction to consider federal
copyright claims. However, the federal court rejected Activision’s argument and remanded
the case to state court in an order dated January 14, 2010.While the case was still pending in
federal court, Activision filed an answer and counterclaim against No Doubt. In turn, No
Doubt filed an answer to Activision’s counterclaim.
After considering the parties’ arguments, the federal court issued an order remanding
the case to state court, holding that the Copyright Act did not preempt the state law claims.
That order is not at issue at this time. However, Activision’s Notice of Removal, the federal
court’s Order to Show Cause, and the Order Remanding to State Court are included for the
record so you understand why some of the pleadings were filed in federal court.
The case is now proceeding in the Los Angeles Superior Court of the State of
California, and that court will make any further decisions in the case, subject to appeal to the
California appellate courts. The primary documents you need to review are the Complaint,
the Answer and Counterclaim, and the Answer to Counterclaim. You can sort out the facts
from those documents, but be sure to carefully note that some facts are undisputed or
“admitted,” while others are hotly disputed.
The relevant documents are posted on the TWEN website in a separate folder titled
“Open Memo No. 3” under the “Writing Assignments” tab. Please download and carefully
review those documents before proceeding with the assignment.
Based upon the facts alleged in the pleadings, please analyzethe following questions
in a formal office memo:
1. Are No Doubt’s claims for violation of the statutory and common law rights of
publicity barred by the First Amendment to the U.S. Constitution or by Article
1, § 2 of the California Constitution?

2. 2. Are No Doubt’s claimsfor violation of the statutory and common law rights of
publicity barred by the Professional Services and Character License Agreement
dated May 21, 2009?
Your memo should include a heading similar to the heading of this memo. Use 12-
point Times New Roman font and one-inch margins. Except for the heading, please double-
space your memo and number the pages, centered at the bottom of each page. Please do not
exceed ten double-spaced pages. (If longer, I will read only the first ten pages.)
You may discuss the assignment and the legal authorities with other first-year
students in Professor Goering’s RWA Sections (13 or 16). You may also discuss the
assignment with Victoria Malony during her office hours or by appointment. Do not discuss
the assignment with anyone else, including your other professors, roommates, parents,
siblings, relatives, friends, acquaintances, or strangers. Finally, your writing must be
exclusively yours. You may not show your written work to anyone except Victoria Malony
or me. Victoria is not authorized to edit or revise your written work, which must be
exclusively your own. You are expected to do your best work on your memo, which is
equivalent to the final exam in this course.Your memo is due Tuesday, November 23,
2010, no later than 5:00 p.m.
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