This is the weirdest Fortnite lawsuit you’re going to read about all week

    
20

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.

Advertisement

No posts to display

newest oldest most liked
Subscribe to:
Reader
Soy

Why Samson? Seems David would be a better comparison.

Reader
Bryan Correll

It’s a little known fact that between bouts of slaughtering Philistines with the jawbone of an ass, Samson was a renowned copyright lawyer.

Reader
Soy

LOL. Yeah. I wasn’t trying to pick on Bree, but I’m struggling to make the connection. But now finding out Samson had a secondary vocation of little reknown makes it so much easier.

Reader
Sleepy

Seriously, what the hell are you supposed to actually do there? Look at the rocks?

Reader
Sleepy

oops, pic:

Capture.JPG
Reader
Bryan Correll

Per wikipedia:

Coral Castle’s website states that, “If anyone ever questioned Ed about how he moved the blocks of coral, Ed would only reply that he understood the laws of weight and leverage well.” He also stated that he had “discovered the secrets of the pyramids”, referring to the Great Pyramid of Giza.

And the only advanced tool he (admitted) to using was a “perpetual motion holder.”

So mostly the place is supposed to appeal to the New Age mysticism crowd.

Kapier
Reader
Kapier

Similiar to the castle Neuschwanstein being mistaken to origin from disney by at least one or two people in the world, i can see why the museum might not be amused when a lot of kids think the real thing is a replica from fortnite.

That being said i never heard about the real life coral castle before and havent played fortnite since its launch. So take it with a grain of salt.

Reader
Bryan Correll

This is the weirdest Fortnite lawsuit you’re going to read about all week

That’s a mighty bold claim to make on a Sunday.

Reader
Patreon Donor
Loyal Patron
Schlag Sweetleaf

.

party crasher.jpg
Reader
Utakata

Frivolous is, as frivolous does.

Reader
styopa

Not really ‘frivolous’ at all. ‘Frivolous’ would be a suit you know you can’t win, or a suit whose intent isn’t to win but to harass and disturb.

They have a commercially recognized trademark; even Epic can’t ignore that. “Coral Castle” may be a silly thing as itself, but trademark law obviously doesn’t evaluate claims on that basis.

US law makes it clear that if you do NOT pursue such legal action when it’s recognized, you severely impair your ability to defend it later.

Reader
McGuffn

Good thing it’s closed for covid otherwise Tim Sweeney would sell tickets for their attraction for less on his website.

Reader
Kickstarter Donor
Patreon Donor
Loyal Patron
Ashfyn Ninegold

That’s rich. A company that insists on exclusives pissed that another company wants the same on its platform. Corporados just really have no shame.

Reader
Kickstarter Donor
Pandalulz

Heh, that’s down the street from where my grandmother lived when I was a kid. I think I went there a couple of times.

Reader
Adam Russell

As someone that has actually heard of them can you tell us if you might have been confused at all about the similar names, as they claim?

Reader
Kickstarter Donor
Pandalulz

Hmmm… if I were driving through nowhere Florida on my way to Miami and saw the sign, I would not think to myself, “Hey, there’s Fortnite!” Maybe the kids would, and it would actually improve their business, who knows. And seeing as I haven’t been there in… let’s call it at least 30 years, before my grandmother’s trailer got leveled in hurricane Andrew and she migrated north to Daytona, I forgot it existed until I clicked on the website link, so that’s probably saying something. :P

Reader
Loyal Patron
Patreon Donor
Kickstarter Donor
Makhiel

I couldn’t care less about Forknife, but whose bright idea was it to allow trademarking such banal terms as “Coral Castle”?

Reader
Robert Mann

That’s relatively tame. Far more common things are frequently trademarked, and only in rare cases where there’s a clear and direct harm such as the old ‘5 quarts’ oil trademark (a company trademarked one of the most common amounts, so everyone else turned it into 5+ quarts until the legal dust settled with a revocation) does it get revoked.

Trademarks are one of several things that are rather out of control on the corporate legal front. They are still not the worst.

EmberStar
Reader
EmberStar

Pretty sure there’s been lawsuits because some brainiac let gaming companies trademark “Candy,” “Scrolls,” “Prey,” and “Cyberpunk.” And there’s been at least run-ins with comic book companies because they give their superheroes generic one-word names based on real things… then claim they own the word in all contexts. “No, we don’t care that wolverines and sparrows exist. Because we own Wolverine(tm) and Sparrow(tm) and anyone else using those names would violate our RIGHTS.”

Reader
Adam Russell

Its not a problem having a trademark for it. Just means someone else cant start a resort with the same name because it would cause confusion. But fortnite? No thats not what the trademark law is intended to cover. They arent similar businesses.