Joustin' Beaver v. Justin Bieber

(Eugene Volokh)

RC3, the producers of the Joustin' Beaver game app, are suing Justin Bieber for a declaratory judgment (RC3, Inc. v. Justin Bieber (M.D. Fla. filed Feb. 24, 2012)) that their game doesn't violate trademark law or state right of publicity law. Bieber had threatened to sue RC3, which in this situation allows RC3 to sue first for a declaratory judgment determining its rights. RC3 argues, among other things, that the app "is a parody of the commercial success of the Defendant and any celebrity," and is thus constitutionally protected against liability.