Fortnite creator Epic Games is now facing a lawsuit from hip-hop artist 2 Milly, who claims the game developer ripped off his “Milly Rock” dance move by turning it into an in-game emote players can earn after spending real money, according to a report from Variety. The lawsuit was filed in California district court on Wednesday.

The lawsuit marks the first formal legal challenge against the widespread game industry practice of appropriating pop culture, like dance moves and memes, and turning it into virtual items for sale. Though other developers have done this in the past — including Blizzard with World of Warcraft and Overwatch and Bungie with its Destiny seriesEpic makes Fortnite, arguably still the most popular game right now and one of the most lucrative titles in the industry. That understandably puts a larger target on its head. (The “Milly Rock” dance has also appeared in NBA 2K18.)

In July 2018, Epic added an emote called “Swipe It” based on the “Milly Rock” featured prominently in the artist’s music 2014 video of the same name. While Epic did not sell the emote directly to players for v-bucks, the Fortnite in-game currency, it did reserve “Swipe It” as an unlockable emote for players who had purchased the game’s $10 seasonal Battle Pass add-on.

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