tenrdrmerMember, Sous Chef, Senior Sous-ChefPosts: 9,934
Honestly you can probably win a case like that on the laws that allow parodies which gives places Like SNL the right to use names and stuff in parodies. You should at least go to the news get it national and make him look like a douche and you will sell a ton in the process. I would refuse to change it till a lot closer to it looking like you would loose.
Here's the problem. My apple account is in my real name. I also have kids apps and my entire science curriculum business. So at this point I am not willing to gamble all of that for the sake of ZomBieber Dash. What I really need to do is go through the song and dance to get my business name on my account (snow day apps). Then I can have a bit more fun.
Yeah, I think it's pretty damn funny. I am uploading a Bieber-free version right now. Maybe I can use the Cease and Desist notice to generate a little publicity (probably should check to make sure that wont get me in even more trouble first).
Fight It! or at least get the word out that you are being sued by him and then change it. You will sell a ton! Wouldnt hurt if you told them you were 14 years old either
Cee3pee0 said: Fight It! or at least get the word out that you are being sued by him and then change it. You will sell a ton! Wouldnt hurt if you told them you were 14 years old either
Yes! Using age as a selling point is extremely unprofessional if you ask me.
I guarantee you that Justin Bieber has absolutely nothing to do with this. It' s just his attorneys who can't stand other people making money off of his name. Either way though, they have plenty of money, and you have a lot to lose, so don't mess around and just take it down. If the worst you have to do is remove it from the app store (or even just change its name) you're pretty darn lucky.
Well, it looks popular enough to get pirated. If you do a Google search, you'll eventually find some links to a "cracked IPA."
That should say something about your app. Oh well, hope you enjoyed it while it lasted! Would you mind posting an excerpt of the letter and who it's from exactly?
I got my Ouija board pulled thanks to an attorney firm protecting Hasbro who owns Parker Brothers who owns trademarked properties of the board game.
tenrdrmerMember, Sous Chef, Senior Sous-ChefPosts: 9,934
Honestly I really don't think you are breaking any laws. you didn't use his full name. its a legitimate parody. Your not using justin beiber to make money your making money by making a joke at justin beibers expense. theres really no violation in my opinion. I get that your concerned about your real name and all but this is the kinda crap that pisses me off when people back down because they don't want to mess with a fight. thats what asses like this kids lawyers expect and that why they pull this crap. If it was me I would fight it right up until It looked like I was legitimately gonna loose money.
Reaching back to the clouded memories of a communications law class I took, I'd say you are pretty safe, though I understand the conservative approach with family, employment and all.
There are three types of persons the law characterizes people as - private, public, and celebrity - if I am remembering them correctly. If Justin were in the "private" camp (which he is not), this would be a case lost. Either of the other two give you a good case. Sorry I can't recall the exact details, and maybe it wouldn't even matter if I could. Just saying that I CAN recall enough to know you have a legitimate leg to stand on if you wanted to.
I wouldn't counter sue if I were you... I'm pretty sure I remember reading somewhere in the apple contract that your not suppose to upload apps that compromise or damage the reputation of another person. Just be glad apple accepted it in the first place. lol
You didn't use his name, songs, image or anything else.
Make a disclaimer in the game and in the description that "any similarities with living or dead people is an accident" (or how it is formulated in english) and you are absolutely save.
I don't get it, what your children have to do with it...
BackUpAndDown said: I wouldn't counter sue if I were you... I'm pretty sure I remember reading somewhere in the apple contract that your not suppose to upload apps that compromise or damage the reputation of another person. Just be glad apple accepted it in the first place. lol
It was "ridiculing famous people" and it seems not to be accurate anymore, because I already have seen even Bill Clinton apps on the appstore.
Hunnenkoenig said: Fight it! The law is on your side.
You didn't use his name, songs, image or anything else.
Make a disclaimer in the game and in the description that "any similarities with living or dead people is an accident" (or how it is formulated in english) and you are absolutely save.
I don't get it, what your children have to do with it...
Who the hell is he to think, the game is about him?
I'm not worried about my children. I also have a business that I am just starting in which I sell elementary and middle school science curriculum based on music and videogames. I don't think it will help my reputation with school districts if I became known as the dev that was in a legal battle over a game called ZomBieber Dash. It's not like it's porn, but it doesn't make me look like a serious curriculum developer.
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How have sales been going?
That should say something about your app. Oh well, hope you enjoyed it while it lasted! Would you mind posting an excerpt of the letter and who it's from exactly?
I got my Ouija board pulled thanks to an attorney firm protecting Hasbro who owns Parker Brothers who owns trademarked properties of the board game.
There are three types of persons the law characterizes people as - private, public, and celebrity - if I am remembering them correctly. If Justin were in the "private" camp (which he is not), this would be a case lost. Either of the other two give you a good case. Sorry I can't recall the exact details, and maybe it wouldn't even matter if I could. Just saying that I CAN recall enough to know you have a legitimate leg to stand on if you wanted to.
~CTM
The law is on your side.
You didn't use his name, songs, image or anything else.
Make a disclaimer in the game and in the description that "any similarities with living or dead people is an accident" (or how it is formulated in english) and you are absolutely save.
I don't get it, what your children have to do with it...
People named "Bieber" in the US: http://www.whitepages.com/dir/a-z/bieber
Who the hell is he to think, the game is about him?
I would use the publicity and the cash for sure. :-P