Fortnite creator, Epic Games, prevails in dismissing all but false endorsement claim brought by saxophonist Leo Pellegrino over inclusion of his "Signature Move" as a purchasable emote in-game.
LEO PELLEGRINO v. EPIC GAMES, INC., No. CV 19-1806, 2020 WL 1531867,(E.D. Pa. Mar. 31, 2020) Topic: Trademark Misappropriation, Use of Likeness Plaintiff Leo Pellegrino commenced this action against Defendant Epic Games, Inc. (“Epic”) asserting that Epic misappropriated his likeness and trademark, i.e., his “ Signature Move .” The Complaint asserts that Epic’s misappropriation violated Pellegrino’s right to publicity and infringed and diluted his trademark. Epic has filed a Motion to Dismiss the Complaint in its entirety pursuant to Federal Rule of Civil Procedure 12(b)(6). We held a hearing on the Motion on March 3, 2020. For the reasons that follow, we grant Epic’s Motion in part and deny it in part. The Complaint alleges that Leo Pellegrino “is a professional baritone saxophone player and member of the ‘brass house’ group ‘Too Many Zooz.’ ” (Compl. ¶ 2.) Using his unique anatomy—specifically his externally rotatable feet—Pellegrino was able to create the Signature Move, a ...