Another day, another lawsuit against Epic Games over emotes in Fortnite. This time, the saxophonist Leo Pellegrino of the musical group Too Many Zooz is the one suing the company due to the use of the “Phone It In” emote that makes the player’s character pull a saxophone from the beyond and play it while dancing.
The dance in question is reportedly similar to the “duck foot” style presented by Pellegrino in his shows where the saxophonist plays his instrument while moving his feet sideways.
According to Leo’s lawyer, David L. Hecht of Pierce Bainbridge Beck Price & Hect LLP, “there is no other saxophonist who moves like Leo P. and no doubt that Epic tried to take advantage of his similarity and characteristic movement to profit in Fortnite. “
It is worth noting that the firm representing Pellegrino is the same one that represents other clients in lawsuits against Epic Games also related to emotes in the popular game, including actor Alfonso Ribeiro from A Crazy Man, Russell Horning, the Backpack Kid and the rappers Terrence Ferguson and James Baker.
Will there come a time when Epic will get sick of these processes and remove the mechanics of emotes for good? Unlikely, but at this point it is expected that cases of this type will continue to appear.