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Can you trademark a dance?

On Behalf of | Feb 13, 2019 | Intellectual Property

Fortnite has been in the news a lot lately, and not just for its popularity among kids. This game has drawn the ire of some celebrities who claim that the game’s creators have incorporated dances they made famous without splitting the epic proceeds the game has garnered so far. The Cheat Sheet explains whether you can actually trademark a dance.

The short answer is that dances cannot be trademarked. However, the name of the dance can be trademarked. And, if the name of the dance has been trademarked, you have legal standing if another entity uses it. At that point, the dance becomes the property of the person holding the trademark. And much like other instances of trademark infringement, you could pursue someone for damages if they use a dance without your authority.

The next consideration involves whether the dance has earned someone other than the creator money. With a highly profitable game like Fortnite, the answer is a resounding yes. In this case, people who claim their dances have been used without authorization are pursuing the game designers for their fair share. Of course, their attorneys will need to show how their dances earned the game money in order to secure compensation for the dance creators. They’ll also need to prove that the dances were properly trademarked before being used by Fortnite.

If you have a tough intellectual property question, Wang IP Law Group PC can provide answers. This firm offers an extensive range of knowledge when it comes to copyright law, whether you’re concerned about your signature dance or the protection of trade secrets. Schedule a consultation today by calling (626) 269-6753. You can also visit the website for more information on protection options when it comes to sensitive and lucrative information.

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