Jake Paul Betting App Slams HBO for Entourage Cease and Desist Letter

Jake Paul’s gambling app Betr has fired back at HBO after the cabler sent a cease-and-desist letter over an ad reuniting “Entourage” stars Jeremy Piven and Adrian Grenier.

In the letter, HBO threatened legal action if the commercial was not taken down, arguing that the three-minute spot infringes on its intellectual property and was made without its consent. “Everything about the Infringing Advertisement, from its setting, to the actors’ clothing, dialogue, and manner of speech, is evocative, if not duplicative, of ‘Entourage,’” read the letter, which claims Betr intended to “evoke ‘Entourage’ and to exploit the show’s popularity” for its own commercial purposes.

In response to the cease and desist, Betr issued a statement to Variety that cites previous copyright-infringement lawsuits filed against HBO in relation to “Ballers” and “Six Feet Under,” both of which HBO won.

“HBO owns ‘Entourage.’ It does not own Jeremy Piven and Adrian Grenier. When HBO was sued over ‘Ballers’ and ‘Six Feet Under,’ it told the courts that Miami parties, celebrity lifestyles, and fast-talking characters belong to everyone. It won that argument. Now that it is the one complaining, those same elements have become HBO’s sole and exclusive property. HBO cannot have it both ways, and it should not expect anyone to take its letter seriously when it is arguing against itself.”

Referencing the “Entourage” creator’s public criticisms of the ad, the Betr statement continues, “Doug Ellin’s own comment that it was ‘pretty damn obvious’ he did not write the commercial confirms what everyone already knew: this is a Betr ad, made by Betr, with two actors playing themselves. We are proud of this campaign, and we stand with Jeremy and Adrian and their right to their own names, faces, and voices. Nobody needs HBO’s permission to hire two great actors.”

In the Betr ad, Piven and Grenier are not explicitly reprising their “Entourage” roles of agent Ari Gold and movie star Vincent Chase. However, HBO and “Entourage” creator Ellin have argued that, based on the performances and dialogue, the actors are essentially playing the same characters. (The ad sees Piven snaking his way through a star-studded mansion party to find Grenier on a yacht, where he pitches him a new movie role.)

Betr has countered this argument by asserting that the ad contains no mention of “Entourage” and does not use its character names, footage, dialogue or music. “Viewers who know ‘Entourage’ will recognize the two actors and enjoy the nod to their shared history,” reads the letter, obtained by Variety. “Betr does not deny that association. It is part of the appeal of casting two actors with a history together. Recognition is not reproduction.”

The letter notes that in a 2016 lawsuit, HBO argued that “Miami, lavish lifestyles, professional athletes, parties, boats, VIP settings, flashy cars, and a fast-paced, party-driven mood” were not “protectable expression.” Per Betr’s attorneys, “What HBO called stock as a defendant it calls ‘creative expression’ as a plaintiff.”

Betr also argues that the press coverage surrounding the Piven-Grenier ad, as well as Ellin’s own comments (the series creator called it a “cheap, shitty imitation”), have made it clear to audiences that the commercial is not connected to “Entourage.”

Betr has declined HBO’s demands to take down the ad, while asking the company to “please identify” the “specific protectable expression from ‘Entourage’” that was allegedly reproduced, as well as evidence that “consumers were confused about who produced or sponsored” the commercial.

Summarizing its arguments, the letter concludes, in part, “HBO owns ‘Entourage.’ It does not own the men who made it.”