*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.
The future of the sedan is parked on shaky ground in the U.S.
But according to the president of the Lincoln Motor Company, the car model is still major in China. “But we’re in a little bit of different situation because in China — sedans are still 50 percent of the market.” Joy Falotico told Cheddar Wednesday morning at the Los Angeles Auto show.
Logitech may eye a Turtle Beach acquisition as it turns away from a Plantronics deal. "Logitech has a great history as far as making very smart M&A transactions," said Tom Forte, a senior research analyst at D.A. Davidson. "I do see a potential longer term for Turtle Beach to be acquired. Logitech is one potential suitor ー Microsoft's ($MSFT) another," he added.
Columbus, Ohio, may not have won the bid for Amazon's HQ2, but the city isn't ready to retire its proposal quite yet. Mayor Andrew Ginther said the city's leaders plan to use their application as a road map to transform Columbus from a Midwestern destination into a national one.
Greg Hewitt, CEO of DHL Express in the U.S., told Cheddar that Cyber Monday ー its biggest shipping day of the year in terms of "outbound" packages ー saw a 40 percent lift in packages moved year-over-year, as more overseas consumers took advantage of deals on U.S.-based websites like Amazon.
The cannabis industry's go-to packaging supplier KushCo Holdings is taking full advantage of the green rush. And when marijuana finally goes fully legal in the U.S., the company plans to re-emerge as the leader in ancillary products.
Amazon made company history and recorded its biggest shopping day yet on Cyber Monday following an already-lucrative five-day holiday weekend that totaled over 180 million in products sold.
Christine Sandler, Coinbase's head of coverage, told Cheddar's Tanaya Macheel that the crypto exchange has released an agency-only OTC desk in response to demand from large, institutional investors. Unlike other offerings, Coinbase will not act as a counterparty to trades and will instead match client orders.
Sarah Lewin, associate editor at Space.com, discusses InSight's successful seven month journey to Mars. InSight will drill into the red planet to learn more about its origins and monitor for Marsquakes.
Richard Allan, Facebook's vice president of public policy for Europe, the Middle East and Africa, answered inquiries from representatives of nine countries, sitting next to an empty chair left open for Zuckerberg. Early on, Allan, who is a former member of the British Parliament, admitted that the chief executive's absence was "not great."
These are the headlines you Need 2 Know for Tuesday, Nov. 27, 2018.
