It’s a tactic common with intellectual property disputes in response to a cease-and-desist letter from a rights holder.įrom a strategic standpoint, Activision could pursue this declaratory action to avoid drawn-out litigation during its high-profile acquisition by Microsoft. The complaint reveals that Activision is asking for two “declaratory judgments” from the court: that Activision is not engaging in a false endorsement and that Activision isn’t violating Anthony Fantano’s right of publicity.Ī declaratory judgment is a legal tool that anyone can use to have a judge make a fast-tracked decision on something without waiting for someone else to file a lawsuit. Specifically, the purported demands by Fantano for a license fee or some other settlement links to legal claims stemming from false endorsement over the “pizza slice” sound clip and resulting rights of publicity over Fantano’s voice that come along with the use of the clip.įantano’s argument, based on a civil action under false advertising law, would be that the use of his voice “is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association” of his brand with that of Activision’s video game, or his approval of the sneakers featured in the Activision TikTok. Activision defended using the audio clip but agreed to take down its video.īy July, Fantano’s legal counsel still demanded a lot of dough (a six-figure sum in line with what other commercial users had already paid per the complaint), claiming Activision’s use of the audio clip resulted in a false endorsement.Īctivision makes clear that Anthony Fantano’s legal team targeted the video game company, claiming the ad infringed upon Fantano’s intellectual property rights. With want some Za? □□□□□□□□□□□□□ #pizza #yummy #fypシ #meme #fantano ♬ original sound – Lu we Slicing Off Fantano, LegallyĪccording to the complaint, Fantano sent a settlement demand letter to Activision in June, claiming the game company used his voice and video without permission.
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