A federal judge dismissed a copyright infringement lawsuit by two former Maryland basketball players against the popular video game Fortnite.
Jaylen Brantley and Jared Nickens alleged the makers of Fortnite, Epic Games misused their “Running man challenge” dance they helped make popular. The lawsuit was filed in February 2019.
While students at Maryland, Brantley and Nickens sparked the viral craze of the “Running Man Challenge” on the internet in 2016. The popularity of the dance landed them on the Ellen DeGeneres Show alongside the high-school creators of the dance.
Fortnite incorporated the dance as a sold add-on for users. Brantley and Nickens claimed the game maker digitally copied the dance and filed a lawsuit under invasion of privacy, unfair competition and unjust enrichment within the Copyright Act.
However, U.S. District Judge Paul Grimm in Maryland dismissed all claims to the lawsuit, according to court records obtained by the Baltimore Sun.
“Plaintiffs seek to place the same square peg into eight round holes in search of a cause of action against Epic Games for its use of the Running Man dance in its game Fortnite. But Plaintiffs’ claims that Epic Games copied the dance do not support any of their theories,” the judge wrote.
Brantley and Nickens’ lawyer, Richard Jaklitsch, says his clients may not be able to afford an appeal. But added Epic Games could still do the right thing and acknowledge what they did.
Brantley and Nickens were seeking $5 million in damages.
