Kelley Heyer, a prominent TikTok influencer known for creating the viral "Apple Dance" to Charli XCX's song "Apple," has filed a lawsuit against Roblox. Heyer alleges that Roblox incorporated her dance into their game without obtaining her permission, thereby profiting from her intellectual property.

The "Apple Dance" has gained significant popularity, being featured in Charli XCX's tour and shared on the singer's TikTok account. Roblox sought to include the dance in a collaboration with Charli XCX for their popular game, Dress to Impress, a creative fashion contest within the platform. According to Polygon, the lawsuit was filed in California last week.

Heyer claims that Roblox initially approached her to license the "Apple Dance" for the crossover event. While she was open to licensing the dance, having previously done so with Fortnite and Netflix through signed agreements, no final agreement was reached with Roblox. Despite this, Roblox allegedly released the "Apple Dance" emote for sale during the event, selling over 60,000 units and generating an estimated $123,000 in sales.

The lawsuit asserts that the emote, although part of a Charli XCX event, is not linked to the song or the artist but is solely Heyer's intellectual property. Heyer's legal action accuses Roblox of copyright infringement and unjust enrichment, seeking the profits made from the dance, damages for harm to her brand and herself, and attorney's fees.

In an update, Heyer's attorney, Miki Anzai, stated, "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."