Russell Horning, also known as Backpack Kid, is the latest celebrity to sue Epic games over claims that the company used his dance in Fortnite without permission, according to Horning’s legal representatives.
The dance Horning is claiming ownership over, “Flossing,” was what first helped him gain notoriety online. After posting videos of himself doing the dance on Instagram, Horning quickly became a viral sensation getting invited to various events and performances for his signature dance. The Fortnite dance emote that provoked the legal action is called “The Floss,” and is instantly recognizable as the dance that Horning made famous.
Just like these other performers, Horning does not own the copyright to his dance — a very important and difficult step in claiming ownership — but has filed for it. Unlike his fellow performers, Horning has participated at Epic sanctioned events in the past in relation to Fortnite. Back in June of 2018, Horning played in the game’s E3 Pro-Am. During the event, Horning was asked by TMZ whether or not he thought he should get anything from having his dance in the game and he replied, “it’s not that big of a deal, I’m just glad it’s in the game.”
When reaching out to Epic about the original 2 Milly lawsuit the company told Polygon that it, does not “comment on ongoing litigation.”