![]() Both the filing and the “Dancing Pumpkin Man” video are posted below. Download royalty-free stock photos, vectors, HD footage and more on Adobe Stock. Geiler has not yet responded to a request for comment on the complaint. Search from thousands of royalty-free News Anchor Background stock images and video for your next project. ![]() Both Backpack Kid and Orange Shirt Kid, as well as Fresh Prince star Alfonso Ribeiro and rapper 2 Milly, previously filed and withdrew complaints. This isn’t the first time Epic has been in court over an emote based on a viral video. (Read the agreement here.) Epic is asking the court to enter a declaratory judgement of non-infringement and award attorneys’ fees and costs. (A long list of famous pumpkin-headed characters is included.) On the trademark front, Cendali argues that Geiler has no trademark rights in his character because it’s not used in commerce to identify the source or origin of a product or service.įurther, Epic argues, Geiler licensed the choreography to the game maker in August in exchange for $10,000. The Pump It Up Emote can be performed by any avatar in the game, including fantastically dressed male avatars, female avatars, and avatars of other species.”Ĭendali argues there’s no similarity to the video in which “Geiler is dressed in a plain black unitard he did not make, wearing as a mask a jack-o’-lantern decoration he did not create, dancing to a song he did not write in front of a static, generic graveyard image.” She also argues that, even if there were similarity, Geiler’s creation doesn’t have the level of specificity required to garner copyright protection. “The jack-o’-lantern face has moving green flames pouring from the eyes, nose and mouth, a broad, grinning mouth, a long, prominent stem that curves, and dark striations delineating the segments of the pumpkin giving it a yellow-and-orange design. “In the Pump It Up Emote, the avatar performs a brief dance to a Halloween-themed song developed by Epic Games while the head of whatever avatar the player has selected is transformed into a jack-o’-lantern face designed by Epic Games,” she writes. Here’s an example of the emote at issue from the complaint:Įpic’s attorney Dale Cendali describes in the filing how it works. Netflix Plans Sonic the Hedgehog, 'Squid Game' Video Games As It Expands Slate to Familiar IPįortnite includes features called “emotes” that allow a player “to express his or her emotions in the game or to taunt other players” using short, preprogrammed movements, according to Epic’s complaint.
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