When in doubt, sue the other guy first.
) to court. Activision is suing Fantano to stop him from suing it first, after the critic took issue with the company using an audio clip of him in a 19-second TikTok video about Crash Bandicoot-themed sneakers.
In Activision's version of events,"Fantano suddenly decided that Activision’s video infringed his publicity rights and constituted a false endorsement" before demanding"that Activision either immediately pay him substantial monetary damages or be prepared to defend a lawsuit," even after the company took the video down.
Activision also hopes the court will agree that"no reasonable consumer would mistakenly believe that Fantano … sponsored or endorsed Activision or its video merely because the Slices Audio was included in that video," and that he"granted to TikTok a perpetual, royalty free, license to exploit and to sublicense to its users to exploit the Slices Video and Slices Audio on its platform" when he uploaded the original video.
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