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Read the Takedown Letter that Jake Gyllenhaal’s Lawyer Sent us Over the Photo that we will not be Removing

Jake Gyllenhaal’s lawyers know that you’ve been thinking about him in his underwear, and they are not amused.

Queerty got an email this afternoon from Jake’s law firm, asking that we remove the (probably fake) photo of him in his undies. 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.”

“Your publication of this fake photo violates many legal rights of our client by, among other things, defaming him,” says Jake’s lawyer.

Oh, really? Defaming him? Well, we don’t like defaming anyone. You might even say that we are gays and lesbians allied against defamation.

But what exactly is the defamation here? Is is that people might think, wrongly, that Jake wears underpants? Or that his reputation is sullied by the idea that he allowed someone to photograph him without pants on? Or that he stayed in what looks like a cheap motel?

Simply calling something defamation doesn’t make it so, as Howard Stern learned in 2009 when he tried — and failed — to sue someone for suggesting that he’s gay. Is that what’s going on here?

Jake’s a public figure, and we can talk about him if we want to. We can even speculate about what he looks like in his underwear. We can’t — and won’t — claim that this picture of him is definitely authentic, since we just don’t know. (A lot of people seem to claim that it isn’t, but internet-photoshop-experts are about as reliable as internet-lawyers.)

In any case, if Jake wants us to take down a fake photograph of him in his underwear, all he has to do is provide us with a real photo and we’ll gladly post that one instead.

After the jump: read the lawyers’ letter.

Ladies and Gentlemen:

Our law firm represents Jake Gyllenhaal. Your  website has published a picture which purports to be a photo of our client in underwear imitating an album cover pose of singer Grace Jones.  In fact, as anyone 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.  A number of websites have already taken the photo down in response to our request, and most of the remaining references to it on the web acknowledge that it is a fake.   The photograph in question can be found at

Your publication of this fake photo violates many legal rights of our client by, among other things, defaming him, portraying him in a false light, violating his right of publicity and constituting a false designation of origin in violation of the Lanham Act.  Demand is hereby made for immediate removal of the fake picture.

If you fail to immediately remove the fake picture, our client will take such action as he may deem appropriate to protect his rights, which may include, without limitation, an action against your company for actual and punitive damages and injunctive relief.

This letter is not intended and should not be construed as a complete statement of all relevant facts or a release, waiver or relinquishment of any right or remedy, all of which are reserved.

Richard Thompson
Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman & Goodman, LLP
150 S. Rodeo Dr.
Beverly Hills, CA 90212
Phone (310) 859-6839
Fax (310) 860-6839
Cell (310) 386-3553
Email [email protected]