RC3 Inc. v. Justin Bieber
Published: Dec. 1, 2012 | Result Date: Oct. 26, 2012 | Filing Date: Jan. 1, 1900 |Case number: 3:12-cv-193 Bench Decision – Dismissal
Court
USDC Florida
Attorneys
Plaintiff
Defendant
Howard L. Weitzman
(Kinsella, Weitzman, Iser, Kump & Aldisert LLP)
Jeremiah T. Reynolds
(Eisner LLP)
Jonathan P. Steinsapir
(Kinsella, Weitzman, Iser, Kump & Aldisert LLP)
Facts
RC3 Inc. developed a mobile game app, "Joustin' Beaver," which included a beaver with bangs and a sword who drifts down a river on a log. In addition, the main character must go through a "whirlpool of success," and must fight "Phot-Hogs" who try to take pictures of him, and signs "Otter-graphs." Justin Bieber, a famous pop singer, took issue with the game, prompting RC3 to file suit against Bieber, seeking a declaration of its right to sell the game.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the game was a parody and thus, the First Amendment protected it. In addition, RC3 argued that its First Amendment rights outweighed Bieber's intellectual property rights. With respect to jurisdictional issues, RC3 argued that Bieber performed in Florida and had business relationships with Florida companies.
DEFENDANT'S CONTENTIONS:
Bieber argued that the Florida court did not have jurisdiction over the case.
Result
The Court dismissed the action, finding that it did not have jurisdiction.
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