While Epic Games busies itself taking on some of the biggest digital platforms in the world, it’s being sued by a Samson of its own.
According to the lawsuit, the problem is the Coral Castle launched as part of Fortnite’s recent underwater-centered season. As Polygon notes, it’s basically just a cute Atlantis. But “Coral Castle” is actually a real place, the name of a stone garden-turned-museum in Florida, and the museum owners aren’t happy.
Arguing that the stone structure is a “world famous and well-known destination and tourist attraction,” the owners assert that Epic Games is intentionally abusing Coral Castle’s trademark to the point that it “is likely to cause confusion, mistake, or to deceive the public as to the affiliation, connection or association” with the real edifice, and moreover that Epic is making all the monies from doing so, thereby “creating the false impressions that Plaintiff has endorsed” the game.
“Plaintiff has suffered and will suffer damage to its business, reputation and goodwill,” they claim. “Additionally, Plaintiff has suffered and will suffer the loss of sales and profits that it would have made but for Defendant’s acts.” It is not clear what suffering or damage is being referred to; according to the museum’s own website, it’s closed for COVID, nor is it clear how much monetary damages could amount to.
The lawsuit has some weird bits, too, as it cites the supposed “legends” that the stone structures were built using “reverse magnetism or supernatural abilities.” We’re sure the court will take these very important notes into account.
