Kelley Heyer, a prominent TikTok influencer renowned for creating the viral "Apple Dance" to Charli XCX's song "Apple," has initiated legal action against Roblox. Heyer alleges that Roblox incorporated her dance into their game without her consent and profited from it.

The "Apple Dance" became a sensation on TikTok, gaining further recognition when Charli XCX acknowledged it during her tour and on her TikTok channel. Given its popularity, it's no surprise that Roblox sought to feature the dance in a collaboration with Charli XCX for their popular game "Dress to Impress."

According to a report by Polygon, Heyer filed the lawsuit in California last week. She claims that Roblox initially approached her to license the "Apple Dance" for their crossover event. Heyer was open to the idea and had previously licensed the dance to Fortnite and Netflix through signed agreements. However, she states that no final agreement was reached with Roblox.

Heyer accuses Roblox of prematurely releasing the "Apple Dance" emote for sale within the event, without her permission. She reports that Roblox sold over 60,000 "Apple Dance" emotes, generating approximately $123,000 in sales. The lawsuit emphasizes that the emote, while part of a Charli XCX event, is not linked to the song or Charli XCX and is solely Heyer's intellectual property.

The legal action charges Roblox with copyright infringement and unjust enrichment. Heyer is seeking the profits Roblox earned from the dance, along with damages for the harm to her brand and personal damages, plus attorney's fees.

In a statement, Heyer's attorney, Miki Anzai, said, "Roblox moved forward using Kelley's IP without a signed agreement. Kelley is an independent creator who should be compensated fairly for her work and we saw no other option than to file suit to prove that. We remain willing and open to settle and hope to come to a peaceful agreement."