Jewish BizLaw 101: Does Naughty Jewish Boys’ Calendar Infringe on Nice Ones?

Three Sabbaths before the Jewish observance of Purim, a special ad appeared on Craigslist. The ad was seeking naughty Jewish boys of all sizes and looks for a calendar shoot. It pays $50. Here is the ad below:

Seeking Jewish Men for Modeling (Midtown West)
compensation: $50 for one-hour session.

Seeking Jewish men to model for a “Naughty Jewish Boys” calendar. Intended as an alternative to the emasculating “Nice Jewish Boys” calendar currently out, this will show the sexy side of Judaism. Seeking Jewish men willing to pose shirtless, in underwear, or tastefully nude. Chubby/hairy ok. Yarmulkes and payess a plus. Previous modeling experience not necessary. Pay $50 for an hour-long studio shoot in NYC. Please e-mail with photograph.

NaughtyJewishBoys.com thought that the Nice Jewish Boys calendar and brand was too nice.

I suppose they wanted to show a different type of boy.

According to its website, The Naughty Jewish Boys™ Calendar is an Unorthodox Idea Whose Time Has Come. The Naughty Jewish Boys calendar idea started as a riff on the Nice Jewish Guys calendar designed by Adam Cohen**. Though sweet and adorable, the man behind this project longed for men with more spice, and not just zaatar, I am asssuming.

The project has several sexy models lined up to pose, and are still looking for a few more to round out the year (I am assuming it is using Western months and not Jewish calendar months); the men must be based in New York or be able to get to New York. The photoshoots will occur around the time of the full moon of Pesach 2014 through the counting of the Omer and Shavuot til about July 2014. The calendar will be printing after Sukkot and be ready for Hanukkah and 2015. Some shoots will be holiday-themed, others will just be sexy Jewish men. Two calendars are planned so far: a naughty one featuring shirtless men and men in their skivvies, and one extra-naughty with some brave dudes wearing just a kippah and a smile.

The website adds that “**We are in no way affiliated with the Nice Jewish Guys calendar, and in fact were sent a spurious cease-and-desist letter from their lawyers. You can read it here, along with my polite response.”

So what do you think?

Is it nice for the Nice Jewish Guys to send the Naughty Jewish Boys a Cease and Desist Letter? The letter is here.

The letter states that Jumbo Jet Inc. (JJI) – the makers of the Nice Jewish Guys calendar since 2009 – filled “a previously unfilled space in the calendar market, namely one that featured exclusively Jewish men, and in particular, the kinds of Jewish men one could take home to one’s mother.” JJI filed a trademark for “Nice Jewish Guys” for use in wall calendars. Michael Lovitz, a Temple Law grad and their IP attorney at Bowen Hayes & Kreisberg states that the publication of a Naughty Jewish Boys calendar will dilute the distinctiveness of the Nice Jewish Guys trademark and prevent Nice Jewish Guys from expanding their own business along naughty lines should they want to do so in the future. They continued that the man behind the Naughty Jewish Boys should stop using the name “Naughty Jewish Boys”; stop making the calendar; remove the name from his website; abandon his domain name, and let the attorneys know that he has complied no later than the close of business on Saint Patrick’s Day (and Saint Patsy Cline’s Day), March 17, 2014.

This remind me of a letter I once got from Tai Bo’s attorneys that told me to stop marketing Chai-Bo, the Jewish study/workout.

I do take issue with their ad in Backstage that seeks “caucasian” Jewish models, 18-47 What is up with that crap?

I am not a licensed attorney, so I can;t decide who is right, who is wrong, who is nice, and who is naughty under the uniform commercial code. I wish both projects well, and I have til July to lose 30 pounds so I can pose eating a naughty felafal.