Android app developer company RC3 was sued by Justin Bieber, but they are suing him back. The company has preemptively filed a lawsuit against Justin Bieber and claims the rights to distribute their game called Joustin’ Beaver regardless of Justin Bieber’s trademark and publicity rights claims. RC3 was sued by Bieber two weeks ago after his attorneys sent the company a cease-and-desist letter that threatened litigation if the app wasn’t terminated.
“In an effort to comment upon the Defendant’s life, the Plaintiff, RC3 developed the aforementioned App entitled ‘Joustin’ Beaver.’ The App, a video game, is a parody of the commercial success of the Defendant and any celebrity. The parody app portrays a beaver floating on a log down a river. The beaver presents with bangs, a lance, and a purple sweater. The beaver knocks ‘Phot-Hogs’ that are attempting to take his photograph into the river with his lance. The beaver also signs ‘Otter-graphs.’ The beaver also must dodge the ‘whirlpool of success,’ which will lead beaver out of control, while navigating the river.”
RC3 aims to convince a judge that they have First Amendment rights to use Bieber’s intellectual property. According to the lawsuit RC3 received the C&D letter and then they explained their belief that they had First Amendment rights. The parties couldn’t come to an agreement though. RC3 is now looking for a non-infringement, non-dilution, non-passing off, and non-misrepresentation of Bieber’s trademark. HollywoodReporter.com has a copy of the complaint.