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ARTICLE · 11 JUNE 2020

May I Have This Dance? Epic Games Prevails In Second Dance Emote Suit.

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

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Things continue to heat up on the dance floor as Fortnite developer and publisher Epic Games, Inc. secured a second decisive victory in almost as many months concerning its inclusion...

United StatesIntellectual Property

Things continue to heat up on the dance floor as Fortnite developer and publisher Epic Games, Inc. secured a second decisive victory in almost as many months concerning its inclusion of a popular dance in Fortnite  as a purchasable emote.

Like Epic's most recent victory in Pellegrino v. Epic Games, this case (Brantley v. Epic Games, Inc., 2019 WL 5783613 (D.Md.)) involves plaintiffs none too happy with Epic Games' in-game depiction of a dance move to which they stake claim -- the 2016 viral dance sensation known as the "Running Man Challenge" popularized on video-sharing platform Vine.  The events leading up to this lawsuit occurred in 2016 -- the heyday of Vine and a technological eternity before the dawn of the now ubiquitous TikTok.  For the uninitiated, the plaintiffs can be seen demonstrating the Running Man Challenge dance on Ellen DeGeneres' talk show here.

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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