Jake Gyllenhaal Claims Defamation By Photoshop Over Underwear Photo

In Film Law by FASHIONENTLAW™

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For an analysis on what a defamation looks like, see the Shirley Sherrod case here.

“Jake Gyllenhaal‘s lawyers are scouring the Internet, attempting to eradicate a picture of the actor that shows him stretching in his tighty-whitey underwear.

The letter was sent to a few websites, including Queerty.com and Buzzfeed.com. Gyllenhaal’s lawyers at LA’s Bloom Hergott firm claim that “as anybody could tell from a cursory examination, this is a fake picture, in which our client’s head has been pasted on the body of another person.”

Gyllenhaal’s pose in the photo is said to resemble an album cover pose of singer Grace Jones. The photo might be a nuissance to Gyllenhaal, but the legal campaign seems to have backfired. “We’re keeping the photo up, since it hasn’t been proven fake and because their letter bumped it from ‘funny and cute’ to ‘actually newsworthy,'” reports Queerty.com.

Indeed. Gyllenhaal’s lawyers allege the photo violates the actor’s legal rights by “portraying him in a false light, violating his right of publicity and constituting a false designation of origin in violation of the Lanham Act.”

At least one photo expert believes the image is a fake, so perhaps Gyllenhaal isn’t stretching. No, maybe just his lawyers.

First, does the picture really damage Gyllenhaal’s reputation? Jake isn’t the first actor to allege defamation by photoshop — see Demi Moore vs. W Magazine — but this is a pretty unique situation.

Full story on THR., Esq.”

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WHAT IS Fashionentlaw™: It is a law blog discussing hot topics in pop culture that arise primarily out of the fashion industry and intersects/ collides with the law. WHAT I DO: My name is Uduak Oduok and I am a California licensed attorney who helps creatives and business owners sleep better at night by protecting their creativity and reputation, securing their rights, and helping them with the monetization of their intellectual assets. WHO I WORK WITH: I have counseled a range of clients from musicians, models, actors, actresses, and designers, to diverse business owners in numerous areas of the law including contracts, business law, fashion and entertainment law, copyright, trademark, and intellectual property law. I bring over two decades of first-hand knowledge and experiences that are as diverse as they are deep in the fashion and entertainment industries (modeling, retail, production, public relations, journalism, and publishing). I am an attorney who “gets it” when it comes to resolving legal issues for the fashion and entertainment industries. INTERESTED IN TALKING TO ME ABOUT LEGAL REPRESENTATION? To arrange a consultation to discuss your case, contact me today at 916-361-6506 or email me directly at (uduak@ebitulawgrp.com). Full bio: Ms. Uduak Bio/ Twitter @uduaklaw