A company representing Danielle Bregoli is suing three three gaming companies for incorporating the teen’s voice and phrase into their mobile applications.
The Bradenton Herald reports that Brejoli, her mother, Barbra Ann Brejoli, and their company, Dani B. Holdings LLC, filed a trademark lawsuit against Anonymous Games, Appnoxious, Squad Social, and their founders.
The companies created apps called “Cash Me Outside” and “How Bout Dat” which allegedly profited off the 14-year-old’s “likeness, voice, and signature catchphrase without [her] consent.”
The suit, which was filed in a South Florida federal court, is seeking $1 million for all revenue directly and indirectly earned through the game, according to the Palm Beach Post.
The game surrounds a character who jumps over various obstacles to obtain “bands of cash.” Though it is free to download, the game has in-app purchases and advertisements. The plaintiffs allege that the app was the most downloaded game nationally in the iTunes store.
The complaint also claims that Bregoli’s reps made an oral agreement with Josiah Jenkins, one of the founders, in early February in which the company would offer $75,000 upfront and a 50-50 revenue split to use her voice, likeness, and catchphrase. Though the company appeared to back out, the “How Bout Dat” app appeared online on February 17.
Anonymous Games changed the name of the “Get Cash Outside” app and completely removed the “How Bout Dat” app from Apple’s App Store as of Sunday. The main character also now says “That’s lit” instead.
The Post also pointed out that Dani B Holdings LLC didn’t officially trademark “Cash me ousside how bow dat” until May 3.
Matthew Gruettner told the newspaper that he is the sole owner of the company and that he changed the app’s name April, after learning the Brejolis filed for a trademark. He also said that Jenkins and the other companies listed in the lawsuit were not involved in the creation of the game.
Gruettner said, “The truth will come out in court as we intend to fight any accusations to the fullest extent.”
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