Pierce Bainbridge Beck Price & Hecht LLP is also pursuing similar claims against Take-Two Interactive and Visual Concepts, developer of the NBA 2K series of video games, on behalf of Mr.
Ribeiro is seeking his fair and reasonable share of profits Epic has earned by use of his iconic intellectual property in Fortnite and as a result is requesting through the courts that Epic cease all use of Mr. Ribeiro for the use of his likeness and iconic intellectual property. Epic has earned record profits off of downloadable content in the game, including emotes like “Fresh.” Yet Epic has failed to compensate or even ask permission from Mr. Ribeiro’s likeness and intellectual property have been misappropriated by Epic Games in the most popular video game currently in the world, Fortnite. Ribeiro’s lawyer provided TechCrunch with the following statement: Earlier in December, rapper 2 Milly filed a lawsuit against Fortnite maker Epic over the game’s depiction of his dance move, the Milly Rock, which the game calls “Swipe it.” Now, Fortnite creator Epic Games faces two new lawsuits over dance moves: one from actor Alfonso Ribeiro, who played Carlton on the TV hit “Fresh Prince of Bel Air” in the 1990s and another from the family of Russell Horning, better known as “Backpack Kid,” who created a viral dance called “the Floss.” Horning’s lawsuit also names 2K Sports, maker of NBA 2K, for that game’s depiction of his dance. Those purchases lure avid Fortnite players to spend real-life cash on virtual cosmetic items, like special character skins (today: a winter skiing set!) and, most importantly, dance moves. The smash hit third-person shooter is free to play but generates mountains of revenue through in-game microtransactions. A growing cluster of actors, musicians and viral internet stars have Fortnite in their crosshairs.
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