Attorneys for the Brokeback Mountain actor, 30, claim that "as anybody 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." The letter was sent to Queerty.com and Buzzfeed.com, among other sites.
Gyllenhaal's pose in the photo is said to resemble a pose Grace Jones did for one of her album covers. Gyllenhaal's lawyers claim the photo is "defamatory" because the photo violates the actor's rights by "portraying him in a false light, violating his right of publicity and constituting a false designation of origin."
However, the legal action has backfired. Queerty.com said it planned to keep the photo up because " it hasn't been proven fake and because their letter bumped it from 'funny and cute' to 'actually newsworthy.'"