Fortnite Fight: Can the Carlton Dance be Claimed?
Intellectual Property Partner Paul Kilmer was quoted by The Washington Post on rapper 2 Milly's case against Epic Games for the use of his "Milly Rock" dance in Fortnite. The case will rely on whether or not the public associates the dance move with rapper 2 Milly or from the game, Fortnite. The decision could have future implications as rapper 2 Milly alleges that his dance move is a part of his identity and so he deserves credit for it. Mr. Kilmer spoke to The Washington Post on whether 2 Milly has a valid claim and how 2 Milly can prove the dance was his original property.
"The claim under unfair competition and right of publicity is they’ll think [2 Milly] approved it. And it simulates his likeness and persona, so it may violate state or federal law of unfair competition, or a state right of publicity. Possibly he could succeed on those claims," says Mr. Kilmer.
Whether a dance routine really defines a person’s persona, "is a very interesting question, and not one I’ve ever seen determined," states Mr. Kilmer.