Jake Paul’s sports betting platform, Betr, has issued a pointed rebuttal to HBO following a cease-and-desist letter regarding a commercial that reunites “Entourage” stars Jeremy Piven and Adrian Grenier. The streaming giant threatened legal action, demanding the three-minute spot be taken down, alleging it infringes on the network’s intellectual property without authorization.
In its legal correspondence, HBO argued that the advertisement’s setting, costumes, dialogue, and the actors’ mannerisms were “evocative, if not duplicative, of ‘Entourage.’” The network claimed Betr intended to exploit the show’s established popularity for its own promotional gain.
Betr responded by highlighting previous legal losses suffered by HBO in cases involving the series “Ballers” and “Six Feet Under.” In those instances, the network successfully argued that elements such as Miami parties, celebrity lifestyles, and fast-talking personalities were not protected by copyright.
“HBO owns ‘Entourage.’ It does not own Jeremy Piven and Adrian Grenier,” the company stated in a letter to Variety. “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.”
The advertisement features Piven and Grenier, who do not explicitly reprise their roles as agent Ari Gold or actor Vincent Chase. Instead, they portray versions of themselves, with Piven navigating a lavish mansion party to pitch Grenier a movie role on a yacht. While HBO and “Entourage” creator Doug Ellin contend the performances effectively recreate the original characters, Betr maintains the ad uses no specific “Entourage” footage, music, or character names.
“Viewers who know ‘Entourage’ will recognize the two actors and enjoy the nod to their shared history,” the Betr letter read. “Betr does not deny that association. It is part of the appeal of casting two actors with a history together. Recognition is not reproduction.”
Betr also addressed Ellin’s public criticism of the campaign, noting the creator described the spot as a “cheap, shitty imitation” and admitted it was “pretty damn obvious” he did not write it. The company argued these comments reinforce that the commercial is distinct from the series.
Attorneys for Betr pointed out the inconsistency in HBO’s legal stance, noting that in 2016 the network argued concepts like “flashy cars,” “parties, boats, VIP settings,” and a “party-driven mood” were stock elements not eligible for protection. Betr asserted that what HBO dismissed as unprotected commonality when defending itself is now being claimed as unique creative expression.
Declining to pull the ad, Betr has requested that HBO identify the specific protectable expressions from “Entourage” allegedly reproduced in the spot, as well as evidence demonstrating consumer confusion regarding the commercial’s sponsorship. The letter concluded with a stark reminder: “HBO owns ‘Entourage.’ It does not own the men who made it.”
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