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Echoing a previous lawsuit that Activision was slapped with, No Doubt is now suing the game maker for over stepping the boundaries of their contract.

No Doubt and Activision had planned to make playable avatar versions of No Doubt for usage in “Band Hero”. The game hit shelves this week, and as promised, you can play as Gwen Stefani & Co. for two ND songs — “Don’t Speak,” and “Just A Girl”. The problem however, comes from the fact that you can use the No Doubt characters to play any song in the game, again mirroring the problem that Activision is facing with Kurt Cobain’s likeness.

No Doubt released a statement earlier this afternoon about the situation:

“Musical artists No Doubt announced that they have filed a lawsuit against Activision Publishing today, Wednesday, November 4, 2009 and are seeking an injunction and damages.

No Doubt agreed to place avatars containing their name and likeness performing three No Doubt songs in the upcoming Band Hero game of the Guitar Hero series from Activision.

Without the band’s knowledge or approval Activision turned the group into virtual karaoke players by having them perform over 60 additional songs by other musical groups.

Additionally Activision allowed the groups character to be isolated into solo performances of these cover songs and placed randomly in countless variations contrary to the agreement between the parties.

Despite repeated requests by the band that Activision honor its contract Activision has refused claiming the necessary fix would be too expensive.”

Activision has gone on record as well, saying that “Activision believes it is within its legal rights with respect to the use and portrayal of the band members in the game and that this lawsuit is without merit.”

Activision is really fucking up with things lately. They made the same mistake with Kurt Cobain & Johnny Cash for Guitar Hero 5, and now it is happening again with Band Hero. Here’s to hoping they learn from their mistakes.

Good luck on the lawsuit, No Doubt!