Orange Shirt Kid's mom is suing Fortnite developer Epic Games

Mom of ‘Fortnite’ Superfan Orange Shirt Kid Sues Epic Over Use of His Dance

Mom of ‘Fortnite’ Superfan Orange Shirt Kid Sues Epic Over Use of His Dance

The Orange Shirt Kid's Orange Justice dance was famously added to the game after losing Fortnite's Boogiedown Contest only for the game's community to rally enough for the developers to include the submission as a new emote.

Epic's now the target of another lawsuit over Fortnite dances, but this one is a bit different from those we've noted so far. Upon submitting a dance to the Fortnite BoogieDown contest, the Orange Shirt Kid quickly found himself at the center of internet celebrity. The grand prize victor of the BoogieDown contest would see their dance made into an in-game emote, alongside a small V-Bucks prize.

McCumbers is seeking unspecified damages.

Through its unauthorized misappropriation of Orange Shirt Kid's highly popular signature dance, the "Random, ' along with his well-known catchphrase "It's also a great exercise move!' (the'Catchphrase") in its smash-hit, violent video game, Fortnite Battle Royale ('Fortnite"), Defendants have unfairly profited from exploiting Orange Shirt Kid's protected creative expression, likeness, and trademark without consent or authorization.
A Twitter user called Populotus was awarded the grand prize for his dance. Fortnite players and Orange Shirt Kid fans later started a petition to get the Random dance into the game-and it worked.

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The suit also notes that now when people perform this dance they don't call it the Random, but rather refer to it by the name used in Fortnite: "Orange Justice".

Orange Shirt Kid has since deleted tweets referencing the dance move in Fortnite. It'll be so amusing.

In the rules for the contest, Epic spells out that players won't be paid for the use of selected dance moves and also notes that it has the right to use the dance for publicity for the game. Prizes were given out, but they are in-game currency and items valued, at most, at $250. The dance had to be earned as a free Battle Pass reward and has never been available to purchase for real money.

The lawsuit says Orange Shirt Kid was the victim of "extreme cyberbullying" and was forced to deactivate his Instagram and YouTube accounts.

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