- (Photo: Reuters/Brendan McDermid)
Maker of Android apps, RC3 have filed a lawsuit against Justin Bieber to claim the rights to distribute their new game application "Joustin Beaver."
The lawsuit has been filed to protect RC3 from future legal action from Bieber who can argue the app interferes with his trademark and publicity rights.
The lawsuit comes a week after Bieber's attorneys sent RC3 a cease-and-desist letter, threatening legal action if the application wasn't stopped.
In the lawsuit, the makers admit that the game was indeed inspired by Biebermania:
"In an effort to comment upon the Defendant's life, the Plaintiff, RC3 developed the aforementioned App titled "Joustin' Beaver," RC3 stated.
"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 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."
By admitting the video game is a parody on Bieber's life, makers hope to convince a judge they have the right under the First Amendment to use the stars intellectual property, which will protect them from a potential lawsuit from Bieber.
In 2009 WME agent Ari Emanuel in a similar case, demanded all references to him in the iPhone SuperAgent game application be removed, the U.S Supreme Court sent a clear message that video games deserved the same protection of free speech that is given to music, movies and books.
The "Joustin Beaver" game will only likely be stopped if the pop star can prove the game is likely to cause confusion over whether he does or does not endorse it.