Summary: The legal dispute in question involves Activision Publishing Inc., a renowned video game company headquartered in Santa Monica, California, and Anthony Fantano, a well-known online personality from Connecticut. The contention arises from a 19-second audio clip from a video about pizza slices, known as the "Slices Video," which Fantano posted on TikTok in 2021. Activision incorporated this audio clip into a TikTok video they produced, showcasing custom "Crash Bandicoot" sneakers. Fantano claims that Activision used his voice without permission, thereby infringing upon his publicity rights and falsely implying his endorsement. He is seeking significant monetary compensation. Activision counters this claim by asserting that Fantano implicitly consented to the use of the audio clip when he posted it on TikTok. They reference TikTok's Terms of Service, which provide TikTok with a comprehensive, royalty-free license to use, modify, and distribute any uploaded content. Activision further contends that no reasonable consumer would misconstrue Fantano's endorsement or sponsorship of Activision's video. Activision accuses Fantano of exploiting intellectual property law to extract unjust financial gains from social media users. They argue that Fantano had the option to restrict the video's accessibility or make it private, but chose to limit his consent only after recognizing a potential financial benefit. Activision is requesting a declaratory judgment affirming that its use of the audio clip does not infringe upon the Lanham Act or any of Fantano's statutory or common law publicity rights. They are asking the court to confirm that their use of the audio does not constitute false endorsement or false designation of origin under the Lanham Act. Activision is also seeking to recoup its legal fees and costs associated with this case and is requesting a jury trial. The case has been filed in the Central District of California, where Activision's headquarters are located.