Epic Games is in another lawsuit regarding an emote in its popular game Fortnite. However, this time Epic Games has filed the complaint, saying it “has been forced to bring this action…”. The complaint describes the emote itself, named the “Pump It Up” emote, which seems to emulate the “Dancing Pumpkin Man” viral video. In the video, the Defendant, Mr. Geiler, is wearing a black unitard, and a jack-o-lantern mask, and dances.
Epic Games has been hit with multiple dance lawsuits, the most famous one being Mr. Ribeiro’s dance from Fresh Prince of Bel-Air. This case is slightly different, as the Defendant alleges that the “Dancing Pumpkin Man” is his own character, and thus Epic Games is infringing on their copyrighted character. Also, the dispute arises out of a license agreement between Epic Games and the Defendant.
Most of the dance lawsuits have been withdrawn earlier this year, after the Supreme Court ruled that a copyright needs to be registered before suing.