The developers behind Joustin’ Beaver, a parodic mobile app for iOS and Android devices, are in hot water. Mocking Canadian sensation Justin Bieber, they’ve been served a cease and desist order from the world-famous popstar due to “exploitation of [Justin’s] name, likeness, image and renowned reputation in the industry to promote, advertise and market the App falsely implies that [Justin] has granted you certain rights to do so which, as you know, is not the case.”
Joustin’ Beaver, developed by RC3, doesn’t use his music, but the imagery is uncanny and the name is all too obvious. The one-dollar app sees a Justin-esque beaver float down a river hitting objects. Lawyer Aaron D. Rosenberg of Myman issued a firm statement on the matter.
Please be advised, at no time has our Client, our Client’s parental guardian, or our Client’s designated representatives entered into an agreement with you or your related business entities, or otherwise granted permission to you or any third party, to create the App. Further, I am not aware that you made any inquiry or gesture to contact our Client’s representatives to obtain such authorization. Accordingly, you have no right to utilize our Client’s name, image, likeness, life story or identity in or in connection with the App.
But RC3 isn’t backing down. The developer has countered by saying that, as a parody that does not use Justin Bieber’s “Justin Bieber’s name, photo, image, or life story,” it is protected by the First Amendment of the Constitution.