Update!

Justin Bieber Sued by Creator of "Joustin' Beaver" Video Game

Android app maker RC3 claiming their First Amendment rights are infringed if they're not allowed to "parody" pop star's celebrity success

By Rebecca Macatee Feb 28, 2012 4:36 PMTags
Justin BieberEthan Miller/Getty Images

Even non-Beliebers want in on Bieber Fever.

So when RC3, a maker of Android apps, developed a "Joustin' Beaver" video game, Justin Bieber's legal team slapped the company with a cease and desist letter that threatened to take legal action if the punny game wasn't axed.

See the Biebs' Cease and Desist Letter

But as the Biebs' 18th birthday approaches, RC3 is firing back at the pop star with their own lawsuit…

In their suit, RC3 admits their game was inspired by the teen idol.

"In an effort to comment on the Defendant's life, the Plaintiff, RC3, developed the aforementioned App entitled 'Joustin' Beaver.' The App, a video game, is a parody of the commercial success of the Defendant and any celebrity," the lawsuit states.

The "parody app portrays a beaver floating on a log down a river," the suit continues. The beaver has bangs (perhaps inspired by Justin's former swoop?), wears a purple sweater (his favorite color!) and "knocks 'Phot-Hogs' that are attempting to take his photograph into the river."

The beaver in the game also signs "Otter-graphs" and "must dodge the 'whirlpool of success,' which will lead the beaver out of control."

By claiming "Joustin' Beaver" is a parody of Justin's life in the spotlight, the company says they have the First Amendment right of free speech to use the Biebs' intellectual property and namesake.

RC3 now wants a declaration that they have not misrepresented Justin's trademark and that their game doesn't misappropriate his name.

UPDATE: Bieber's attorneys filed a motion to dismiss RC3's complaint, arguing that Florida should not have jurisdiction because the teen primarily lives in California.

The app maker's lawyers expressed confidence, however, that this tactic would not work.

"This is a common tactic used by individuals seeking to find a more favorable venue," attorney Brad Sopotnick said in a statement to E! News. "We anticipated such motion and have already begun taking steps to protect our client's right to seek redress of the issues created by Mr. Bieber in the State of Florida. We believe the actions of Justin Bieber and his representatives, all of which occurred in Floridaand ultimately forced our client to file suit, will more than satisfy the legal requirements to maintain jurisdiction in Florida."