Epic Games wins infringement case

FacebookEpic Games Inc, an American video game development company has won an IP infringement case against a Youtube advertiser Artem Yakovenko.

In October 2017, Epic had filed a case at the US District Court for the Northern District of California alleging that Yakovenko developed, advertised, used and distributed a software cheat for its multi-player survival video game, ‘Fortnite’.

“Yakovenko created a software cheat for Fortnite’s Battle Royale game mode and developing videos on YouTube to advertise his cheat. The videos featured the ‘Fortnite’ trademark, which was not authorized by Epic,” the suit said.

The judgment said that although Yakovenko’s cheat did not appear to be a functional “Fortnite” cheat, “it functions as a bitcoin miner that infects the user’s computer with a virus that causes the user’s computer to mine bitcoin for the benefit of an unknown third party”.

“Yakovenko, and all those who worked in conjunction with him, are permanently enjoined and restrained from imitating, copying or making any other infringements, or distributing ‘Fortnite’ or any other work protected by copyright and owned by Epic,” the judgment said.

The court also banned Yakovenko from creating anything that would infringe Epic’s works and partaking in any activity that would constitute an infringement of Epic’s copyright.

 

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