The creator of viral Roblox game Steal A Brainrot is suing a Fortnite doppelgänger for allegedly copying its “artwork, objects, design, and game elements”.
In a lawsuit filed in California last week and reported by Aftermath, Steal a Brainrot developer Spyder Games is accusing Fortnite’s Stealing Brainrots of infringing its copyright after securing the rights to its creation in August.
In its legal paperwork, Spyder claims that since its launch in May 2025, Steal a Brainrot has been played almost six billion times, had a concurrent peak of 20 million players, and is “consistently one of the top three games on Roblox by player count”, whereas Stealing Brainrots, created by Thomas Van Der Voort, wasn’t uploaded to Fortnite Creative until July 2025.
Spyder is calling on the court “to stop defendant’s unlawful conduct” and “recover the losses [it has] suffered and will continue to suffer, including any profits defendant has gained from this unlawful infringement”.
Spyder is seeking a jury trial, actual damages, punitive damages, attorney fees, and a permanent injunction restraining the Van Der Voort from violating its rights under copyright law.
“The similarities are not merely the result of the games existing in the same genre or dictated by function,” the lawsuit adds. “Defendant made conscious decisions to copy the creative choices and unique designs that were implemented in the game. The similarities between the game and the infringing game are not coincidental. They are the result of willful infringement by defendant in an effort to steal the market for plaintiff’s game.”
Steal The Brainrot, another Steal A Brainrot clone also available on Epic’s platform, is officially licensed and therefore does not form part of this lawsuit.
ICYMI, Epic will soon allow Fortnite developers to sell in-game items from their Fortnite islands, allowing creators to make more money. For one year from December 2025, developers will earn 100 percent of the V-Bucks value from sales – usually this is at 50 percent.
The news comes as Fortnite’s Creative Mode of fan-made content is proving exceptionally popular, with the Fortnite version of Roblox meme game Steal A Brainrot clocking up more concurrent players than Epic’s official maps.
