Activision finds themselves embroiled with another lawsuit, except this time it’s them that’s going after someone. The company has officially filed lawsuit against internet personality and music critic Anthony Fantano for an attempt at “misusing” the laws of intellectual property. The main issue stems from Fantono allegedly demanding a “six-figure sum” as a settlement for Activision using his self-made audio from a meme in a TikTok video alongside one of their own IP characters: Crash Bandicoot.
Activision claims that allegedly using the synced audio from Fantano’s viral video “enough slices!” to one of their own TikTok videos is not a violation of Fantano’s publicity rights nor does it show that he in any way endorsed the company. Activision also mentions that Fantano made the audio readily available for others to use on the platform and that “hundreds of thousands” have used it. As we mentioned earlier, Activision allegedly used this piece of audio for their own TikTok post that included Crash Bandicoot. Once this was posted, Fantano allegedly sent Activision a cease and desist letter to take the post down.
Activision’s suit states that they complied and took the TikTok video down, but alleges that Fantano threatened to sue unless the company settled for the aforementioned six-figure sum. In the suit, Activison’s lawyers explain that this is a “textbook example of how intellectual property law can be misused by individuals to leverage unfair cash payments from users of social media networks such as TikTok.” Activision also states that other companies had “paid a similar sum in order to avoid the expense of litigation,” something in which the former clearly has no intention of doing. Activision is looking for a ruling with “declaratory” so that way Fantano cannot take legal action against TikTok, as well as ordering him to repay their own legal fees to boot.