Seven lawsuits against brands who used Seth Phillips’s likeness have been filed by Jerry Media, which owns the dudewithsign Instagram.
@dudewithsign is a popular Instagram account that features a tall man in sunglasses holding up a cardboard sign in various public places. Except instead of a serious protest message, the sign has a funny aphorism about modern life, like “Who TF is writing Yelp reviews” or “You can cold plunge without telling everyone”.
Tebele originally came up with the concept of holding up a protest sign with a funny phrase, but only made a few Instagram posts using it. Later on, Phillips reinvigorated the idea and it caught on — the Instagram account now has 8 million followers and does advertisements for brands such as Wing Stop, CVS, Dunkin’, and more in which he holds up funny signs related to the brand or product .
Brands that were sent lawsuits include Avid, a tech company; All Access Dieticians, a training program for dieticians; Itchy, a psoriasis treatment; Brumate, a thermos cup company; RQ Insurance, and Snak Club. All these brands posted versions of the Dude With Sign meme to their official Instagram accounts with the photo edited so that it appears Phillips was holding a sign with a message about their respective brands.
“FJerry understands the viral nature of the internet — and loves it when people share its original content for personal, noncommercial purposes,” Jeffrey Lindenbaum, the lawyer for FJerry, told BuzzFeed News. “However, some companies are starting to alter these posts to create their own commercial advertisements. This violates FJerry’s copyright in the images and falsely implies that FJerry and Seth Phillips endorse their brand, which is not OK.
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