*By Chloe Aiello*
Actor Alfonso Ribeiro's case against Epic Games for its use of "the Carlton" dance in "Fortnite" might come down to a jury's sympathy, rather than copyright technicalities, intellectual property lawyer Gaston Kroub told Cheddar on Tuesday.
"I think it's a mistake to only focus on the copyright issues, because you do have this idea where you have this right of publicity under California state law ... Could a sympathetic jury decide that these \[artists\] deserve something from 'Fortnite'? That's something that remains to be seen," said Kroub, a partner at Kroub, Silbersher & Kolmykov.
Ribeiro, who rose to fame playing Carlton on "The Fresh Prince of Bel Air," is suing Epic and Take-Two Interactive, the maker of "NBA 2K." Both use "the Carlton" step that Ribeiro made famous on the show as an "emote," a celebratory dance that can be purchased by players in-game.
Ribeiro is just the latest celebrity or influencer to file a suit. Rapper 2 Milly and Instagrammer Russell “Backpack Kid” Horning have also filed complaints for misappropriation of their respective dances, the "Milly Rock" and "the Floss," [Variety reported](https://variety.com/2018/gaming/news/fortnite-dance-lawsuit-1203092141/). The complaints allege copyright infringement and claim the game creators are violating the right of publicity of the celebrities associated with the dances.
"What Alfonso Ribeiro and 2 Milly and the Backpack Kid now have claimed is it looks like they're endorsing 'Fortnite''s use of their dance moves and they haven't provided that permission," Kroub said.
The outcome of these cases is difficult to predict.
"You can't copyright a single dance move but you can copyright under the copyright act choreography," he said, adding that copyrights on the moves are still pending.
"Really at the heart of this, though, is the fact that Epic is making a lot of money and these dances are generating revenue."
He added that one potential defense for Epic or Take-Two is to claim they were parodying, not performing, the dances. That said, the case will also depend on the items uncovered during discovery ー whether or not the game makers contacted any artists or just assumed the dances were public domain.
Most interestingly, Kroub said the complaints venture into "uncharted territory."
"No one knew a year ago 'the Carlton' would be generating untold numbers of revenue for a company, like Epic. And what we are seeing is video games are a big business and celebrities want to be associated," he said.
Nothing says CES like a robot dog powered by powerful sensors ー and that's exactly what Sony brought this year. Sony's robot dog Aibo came back from the dead last year, and now, the robo-pup is getting some cool new upgrades, Sony Electronics President Mike Fasulo told Cheddar's Hope King on Tuesday.
What do Alinea, Eleven Madison Park, and The French Laundry have in common? Aside from their Michelin stars, the restaurants all offer reservations through the booking platform Tock. Acclaimed restaurateur and [Tock](http://exploretock.com} founder and CEO Nick Kokonas hopes his software platform can wrestle the reservations monopoly from the almost 20-year grip of OpenTable and launch bookings into the 21st century.
Cloudera and Hortonworks, longtime cloud and data rivals, have decided it's better to take on Amazon Web Services together than apart. Cloudera CMO Mick Hollison told Cheddar how the merged company, with 2,000 customers, fits in the cloud wars.
Car-sharing and ride-hailing companies have changed the way we get around ー and now they're about to change the way we buy car insurance. In an interview with Cheddar at CES 2019 in Las Vegas, Nev., Allstate CEO Tom Wilson said that simply insuring your car will become a thing of the past, since many consumers are increasingly ditching the buy-and-drive model.
AT&T's ad division Xandr is beginning to flex its muscle as a potential advertising powerhouse by allowing brands to use customer data to advertise on WarnerMedia's Turner.
Apple has topped the charts once again ー but this time it's on buy-back site DeClutttr's list of 2018's most unwanted items. The iPhone 7 may have been the company's most traded-in item last year, but according to Anthony Catterson, DeClutttr's president and CEO, that's not necessarily a bad thing.
Plaid, the company that connects consumer bank accounts to fintech apps like Venmo, Coinbase or Robinhood, is acquiring competitor Quovo, according to a Tuesday morning blog post by the Plaid founders.
These are the headlines you Need 2 Know for Tuesday, Jan. 8, 2018.
Investor sentiment is easy to track on the public markets, but private trends are more opaque ー and tech investors are increasingly prioritizing profitability over valuation. That's good news for companies looking to go public, like Airbnb and Lyft, but Uber might want to consider an alternative path to liquidity, J. Michael Ostendorff, director for Lagniappe Labs, told Cheddar on Monday.
Vocera wants to get patients in and out of the hospital as quickly and efficiently as possible ー and it's using Star Trek-inspired, connected badges to achieve that ambition. "We believe that by delivering the right information to the right caregiver at the right point in time, we can really eliminate some of those frustrations and delays and interruptions ー and allow \[patients\] to have a more seamless path through the hospital," Vocera CEO Brent Lang told Cheddar Monday.
