The question of the day is: did Epic Games steal the likeness of a character to create a dancing emote on Fortnite? Epic Games, Matthew Geiler, and the public will find out the answer to that burning question sooner or later.\r\n\r\nBack in October, Geiler, better known as the former-viral sensation \u201cDancing Pumpkin Man\u201d sent Fortnite developer Epic Games a cease-and-desist letter demanding that they remove the \u201cPump it Up\u201d emote from the game.\r\n\r\nGeiler claims that the character he created is trademarked, and Epic Games has used his likeness to make money.\r\n\r\nWell, Epic Games has retaliated and has filed a formal complaint with a judge stating that the \u201cDancing Pumpkin Man\u201d character was not stolen. Therefore, they can continue using the emote.\r\n\r\nHere is a video comparing the emote and the almost 15-year old pumpkin dance:\r\n\r\nhttps:\/\/www.youtube.com\/watch?v=xWBCh8dGR4k\r\n\r\nIf interested, here is the full video of Geiler\u2019s dancing masterpiece:\r\n\r\nhttps:\/\/www.youtube.com\/watch?v=v4IC7qaNr7I\r\n\r\nSo, to reiterate, Geiler served the cease-and-desist letter demanding Epic Games to get rid of the \u201cPump It Up\u201d emote from Fortnite, and Epic Games has filed a complaint against Geiler, claiming that the emote is not stealing his likeness.\r\n\r\nThe complaint covers a lot of areas, including the emote, their legal ability to use it, and the actual character of the Pumpkin Man.\r\n\r\nThey point to the fact that they never reference the name of the character, they have used a different-looking jack-o-lantern and that possibly, Geiler\u2019s character is not truly unique.\r\n\r\nEpic Games has said that the pumpkin head in Geiler\u2019s dance is not unique, and by researching a massive number of pumpkin heads used by characters in different movies, games, etc., they can prove it.\r\n\r\nFurthermore, the game developer claims that since Geiler didn\u2019t make the leotard or dance to originally composed music, the character itself may not be trademarkable after all. The song that Geiler dances to in the original video is the extremely popular Ghostbusters song.\r\n\r\nEpic Games has filed this complaint and hopes to hear back from the judge as soon as possible, with the ultimate goal of deterring Geiler and his business, Sick Picnic Media, from pursuing further legal action.\r\nThe judge\u2019s ruling is a fascinating case study for anyone interested in intellectual property. Will this set a precedent, or is there a precedent that has already been established?\r\n\r\nIn this new technology era, judges are regularly called upon to make rulings on situations that haven\u2019t happened before in human history. Who will win, the Pumpkin Man, or the gaming corporation?