Romantics band sues 'Guitar Hero' publisher

— -- Imitation might be flattery, but that doesn't make the Romantics any happier about it.

The Detroit rock band has sued the publisher of the popular video game Guitar Hero, claiming the game infringes the group's rights by featuring a sound-alike recording of the hit What I Like About You.

The lawsuit against California-based Activision, filed Tuesday in U.S. District Court in Detroit, seeks unspecified damages for use of the sound-alike recording. It's one of about 30 hit tunes featured on Guitar Hero Encore: Rocks the 80s, released in July for Sony PlayStation game consoles.

The band is also seeking an injunction against the game, which could take the bestseller off store shelves in the thick of the holiday shopping season. In the game, users try to play along to songs with a guitar-shaped controller. Activision has used a mix of original band recordings and cover versions in its Guitar Hero series, an award-winning line that debuted in 2005.

Copyright isn't the issue for the Romantics. The band's attorneys said Activision properly secured permission to use the song What I Like About You, which allowed it to record a cover version. But by creating an imitation so much like the Romantics' original, they said, the company has infringed the group's right to its own image and likeness.

Guitar Hero representatives did not return calls for comment.

Artists such as Tom Waits and Bette Midler have won legal victories on similar grounds for sound-alike recordings used in TV commercials. In those cases, the imitation recordings were ruled to have infringed the artists' rights to publicity by leading consumers to associate the artist with the advertised product.

What I Like About You was recorded for the game by the San Francisco music firm Wavegroup Sound, also named in the suit.

"It's a very good imitation, and that's our objection," said Troy attorney William Horton. "Even the guys in the band said, 'Wow, that's not us, but it sure sounds like us.'"

Horton said Activision should have secured a master license for the Romantics' original 1980 recording, then paid appropriate royalties. He said the band became aware of the issue when fans said they'd heard the song in the game but members saw no accounting for it on their record-label royalty checks.