Fortnite
[Photo by: Epic Games/Fortnite]

Earlier this month, it was revealed Rapper 2 Milly might sue Epic Games over a dance move available in Fortnite. Now, it’s clear the rapper is indeed pursuing legal action.

Many know 2 Milly for his viral dance craze called the “Milly Rock,” which was featured in a music video of the same name in 2014. Other artists and athletes have used the move, and now appears in the game Fortnite.

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“Everybody was just like, ‘Yo, your dance is in the game,’” the rapper told CBS News correspondent Vladimir Duthiers.

However, it’s not the fact that his dance move is in the game that 2 Milly takes issue with. The move, renamed “Swipe It” in the game, was part of season 5’s “Battle Pass” that players could purchase for $10.

“They actually sell that particular move. It’s for purchase. That’s when I really was like… oh nah, this can’t go on too long.”

Now, 2 Milly hired a lawyer and is seeking legal action against Fornite and Epic Games, a press release states.

2 Milly is pursuing claims “over its misappropriation, use and sale of 2 Milly’s signature ‘Milly Rock’ as downloadable content.”

According to a representative at Epic Games, the Battle Pass that included the “Swipe It” emote was removed due to season 5 coming to an end and will never be sold or made available again. However, users who had previously unlocked or purchased the “Battle Pass” will still have access to it.

Regardless, the firm states a large portion of their $1 billion revenue comes from in-game downloadable content such as the Milly Rock-inspired emote.

“I was never compensated by Epic Games for their use of the ‘Milly Rock,’’ the rapper says. “They never even asked for my permission. I am thrilled to have David Hecht and his team at Pierce Bainbridge representing me to help right this wrong.”

The firm representing 2 Milly has pursued legal action against Epic Games in the past.

“This isn’t the first time that Epic Games has brazenly misappropriated the likeness of African-American talent,” Hecht says. “Our client Lenwood ‘Skip’ Hamilton is pursuing similar claims against Epic for use of his likeness in the popular ‘Cole Train’ character in the Gears Of Wars video game franchise. Epic cannot be allowed to continue to take what does not belong to it.”