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Epic Games is seeking a preemptive ruling for the "Pump It Up" dance

Epic Games is seeking a preemptive ruling for the "Pump It Up" dance

Epic Games has found itself in a new legal battle over a dance move in Fortnite.

According to The Verge, the Fortnite maker has sought a preemptive ruling after it lodged a complaint against Matt Geiler - also known as the Dancing Pumpkin Man.

The company wants the court to declare that it didn’t breach any copyright or trademark laws.

Geiler told Epic that he would use legal action if they persisted in using his “Pump It Up” dance move - he went viral in 2006 for a video in which he did the dance.

“Defendants have alleged that the Pump It Up Emote infringes their copyright to a “character,” which they refer to as the “Dancing Pumpkin Man,” that appeared in a video in which defendant Geiler is dressed in a plain black unitard he did not make,” said Epic’s lawsuit.

“Wearing as a mask a jack-o-lantern he did not create, dancing to a song he did not write in front of a static generic graveyard image.”

The filing also states that Geiler did not create the mask, rather he created the mask using “a pre-existing third-party Halloween jack-o-lantern decoration from his company’s holiday lobby display.”

This latest legal battle follows several others that have occurred this year, in November Epic sued Lucas Johnston - a former Keywords Studios tester - after he reportedly leaked information about Fortnite.

The previous month, a tester for the battle royale was sued for revealing confidential details about Chapter 2. In May 2018 a quality assurance tester - Thomas Hannah - found himself accused of leaking in-game information.

Back in 2017, Epic sued people it claimed was cheating in Fortnite.


Staff Writer

Kayleigh is the Staff Writer for PocketGamer.biz. Besides PGbiz and PCGI she has written as a list writer for Game Rant, rambling about any and all things games related. You can also find her on Twitter talking utter nonsense.