Game developer RC3, developers of a game entitled “Joustin’ Beaver” have levied a lawsuit against pop star Justin Beiber after the singer’s attorneys served them with a cease and desist letter upon learning of the game and telling them to take down the game.
RC3 openly admits that the game is based upon Beiber, but in their lawsuit, they contest that the game falls within acceptable realms of parody and fair use. They believe they are fully protected by the First Amendment. The lawsuit states:
“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.”
Beiber’s side claims that the game is infringing on his established trademarks. The issue stems from whether or not fans will confuse the game as an official Beiber product or not. RC3 makes no claims in any of its marketing or on the Android Market that is an official product. Android owners can get Joustin’ Beaver from the Android Marketplace for $0.99.