Kelley Heyer, a prominent TikTok influencer renowned for creating the viral "Apple Dance" to accompany Charli XCX's song "Apple," has taken legal action against Roblox. Heyer's lawsuit, filed in California, claims that Roblox incorporated her "Apple Dance" into their platform without her consent, using it for profit within a collaborative event between Charli XCX and the popular Roblox game, Dress to Impress.

The "Apple Dance" has gained immense popularity, becoming a staple in Charli XCX's tours and widely shared on social media. According to the lawsuit reported by Polygon, Roblox initially approached Heyer to license the dance for their event. Heyer was open to negotiating terms, similar to her successful licensing agreements with Fortnite and Netflix. However, no final agreement was reached with Roblox before they proceeded to release and sell over 60,000 "Apple Dance" emotes, generating an estimated $123,000 in sales.

Heyer's legal complaint asserts that the emote, though part of a Charli XCX-themed event, is not directly tied to the song or Charli XCX, but is instead her own intellectual property. The suit accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for the harm to Heyer's brand and personal reputation, and attorney's fees.

Update 2:15 p.m. PT: Heyer's attorney, Miki Anzai, issued a statement saying, "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."