The lawsuit states:
"The Dance has become synonymous with Ribeiro, who is unanimously credited with creating The Dance," Ribeiro has also been interviewed several times about the creation of The Dance and how to properly perform it. Accordingly, The Dance is a part of Ribeiro’s identity and The Dance’s unique movements readily evoke a connection to Ribeiro."
"Epic uses The Dance, and other dances, to create the false impression that Epic started these dances and crazes or that the performer who created them is endorsing the game… Indeed, Epic induces others and/or contributes to their performance and false attribution of The Dance. Fortnite Players have posted thousands of videos of themselves performing the 'Fresh' emote with the hashtag, #fortnitedance, without referencing The Dance or crediting Ribeiro as The Dance’s creator and owner."
If this were any other video game, it might be totally ridiculous. But Fortnite, for better or worse, is known for its emotes and is played by a largely young audience, who are certainly too young to know the reference off-the-cuff. And since nowhere does Epic state that this is a dance borrowed from some other fellow… yeah, I can see a case here. Plus, there’s the fact that unless he asserts the fact he made the dance first, people might assume he’s doing a Fortnite dance, and literally, no one would be okay with that.
This is far from the only time Fortnite has gotten in trouble for using dances without permission. 2 Milly and has sued Epic for stealing their signature moves, and right now Russel Horning, the creator of the iconic “The Russell”/”Floss”, is currently in the process of suing Epic, too.
Epic, you’re making enough money, man. You can pay for this stuff.
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