RC3, a manufacturer of Android applications is not about to be backed by the legal requirements of a teenager. The company has filed a lawsuit against Justin Bieber preventive and claims the right to distribute a game, Beaver Joustin ', regardless of brand advertising claims singer and appropriate. The decision comes two weeks after Bieber's lawyers sent the company a cease and desist letter that the threat of litigation if the application is not completed quickly.
In the lawsuit, RC3 admits that the game was inspired by Biebermania:
"In an effort to comment on the defendant's life, the plaintiff, RC3 developed the previous application entitled" Joustin "Beaver". The application, a video game is a parody of the commercial success of the defendant and any celebrity. The application of parody portrays a beaver on a log floating in a river. Beaver comes with fringe, a spear, and a purple sweater. Phot beaver shots pig are trying to take his picture in the river with his spear. Beaver also signs "otter graphics. The beaver also must avoid the" whirlwind of success, "bearing the beaver out of control, while navigating the river."
By stating that the game is a commentary on the life of Bieber and also the invocation of "parody", the game company hopes to convince a judge that has the First Amendment, the right to use the intellectual property of the teen pop.
According to the lawsuit, after RC3 received a letter of cease and desist, the company tried to explain his belief that the First Amendment protected them from any potential claims of Bieber. The parties negotiated with each other, but could not reach an agreement.
RC3 is now seeking a declaration of no violation, no dilution, not misleading and not counterfeit marks Bieber. The company also wants a judge to state that the game does not constitute a misappropriation of the name Bieber commercial and Joustin Beaver "is protected by the First Amendment.
This is not the first time anyone in the entertainment industry has been affected by a mobile application that supposedly existed in its coastline. For example, in 2009, WME Ari Emanuel, demanded that all references to it are deleted in an application for the iPhone game called SuperAgent.
That was before the U.S. Supreme Court sent a clear message that the games should be treated as movies, music and books and be accorded the same protections of freedom of expression.
Bieber's case, however, you may turn on whether "Joustin 'Bieber' is likely to cause confusion as to source and support of the juvenile lead. The game maker is likely to get a lot of attention bring this action and can cash in on the resulting publicity. If Bieber wins the case, however, the singer could claim benefits to a holding company.
Sources: Hollywood Reporter
In the lawsuit, RC3 admits that the game was inspired by Biebermania:
"In an effort to comment on the defendant's life, the plaintiff, RC3 developed the previous application entitled" Joustin "Beaver". The application, a video game is a parody of the commercial success of the defendant and any celebrity. The application of parody portrays a beaver on a log floating in a river. Beaver comes with fringe, a spear, and a purple sweater. Phot beaver shots pig are trying to take his picture in the river with his spear. Beaver also signs "otter graphics. The beaver also must avoid the" whirlwind of success, "bearing the beaver out of control, while navigating the river."
By stating that the game is a commentary on the life of Bieber and also the invocation of "parody", the game company hopes to convince a judge that has the First Amendment, the right to use the intellectual property of the teen pop.
According to the lawsuit, after RC3 received a letter of cease and desist, the company tried to explain his belief that the First Amendment protected them from any potential claims of Bieber. The parties negotiated with each other, but could not reach an agreement.
RC3 is now seeking a declaration of no violation, no dilution, not misleading and not counterfeit marks Bieber. The company also wants a judge to state that the game does not constitute a misappropriation of the name Bieber commercial and Joustin Beaver "is protected by the First Amendment.
This is not the first time anyone in the entertainment industry has been affected by a mobile application that supposedly existed in its coastline. For example, in 2009, WME Ari Emanuel, demanded that all references to it are deleted in an application for the iPhone game called SuperAgent.
That was before the U.S. Supreme Court sent a clear message that the games should be treated as movies, music and books and be accorded the same protections of freedom of expression.
Bieber's case, however, you may turn on whether "Joustin 'Bieber' is likely to cause confusion as to source and support of the juvenile lead. The game maker is likely to get a lot of attention bring this action and can cash in on the resulting publicity. If Bieber wins the case, however, the singer could claim benefits to a holding company.
Sources: Hollywood Reporter
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