Photo by Vjeran Pavic / The Verge
Epic Games has mostly prevailed in a lawsuit over its “Phone It In” Fortnite emote, although saxophonist Leo Pellegrino can continue with a claim of false endorsement. A Pennsylvania judge ruled on the case earlier this week, offering a rare legal exploration of whether you can own a signature dance move — and the results look good for Epic.
Pellegrino sued Epic last year for allegedly misappropriating his likeness with the Fortnite dance. He argued that the “Phone It In” dance was inextricably linked to his musical performances, and Epic was copying it to profit off his fame. District court judge John Padova wasn’t convinced. He dismissed seven of Pellegrino’s eight claims and denied a request to amend and resubmit them, concluding that...
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Epic mostly wins Fortnite saxophone lawsuit, but judge lets one claim go forward
![Epic mostly wins Fortnite saxophone lawsuit, but judge lets one claim go forward]()
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April 02, 2020
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