His real name is Russell Horning, but people now know him better as Backpack Kid after he popularized the Floss dance during a Saturday Night Live performance alongside Katy Perry, his moment during the show seen in the video above. Fortnite also has an emote that’s called Floss and mimics Backpack Kid’s movements exactly. It can’t be bought anymore and was only available through the Season 2 Battle Pass, though it was only available through the Premium Battle Pass which was a product players had to purchase.
It’s because of this selling and using of the dance that Backpack Kid, his mom, and his attorneys have filed a complaint against Epic Games, the creators of Fortnite. The 16-year-old is joined by other recognizable names such as Alfonso Ribeiro from The Fresh Prince of Bel-Air who’s also suing Epic Games for allegedly using his Carlton dance as an in-game emote. Rapper 2 Milly is also suing the company for the use of his Milly Rock dance with complaints also being filed against Take-Two Interactive, the creators of games such as NBA 2K18 that feature other popular dances.
Newsweek reported that the damages Backpack Kid and his legal representation are after haven’t been specified, but the Instagram star is said to be pursuing a copyright for his dance currently. Screenshots of the complaint shown below show some of the text included in the suit that alleges Epic Games “profited from its improper misappropriation of the Floss and Backpack Kid’s likeness” through various means including selling the Floss emote and “impliedly representing that Backpack Kid consented to Epic’s use of his likeness.”
the wrinkle in the backpack kid v epic lawsuit is uuuuuuhh backpack kid literally participated in a fortnite promotional event pic.twitter.com/ZSxBjFxM9H— brian feldman (@bafeldman) December 18, 2018
In an interview with TMZ, Backpack Kid said he was “kind of just a kid” and is leaving the lawsuit to his mom and his management. He said “I don’t really care about the money” but said that from his mom’s and management’s perspective, both of the parties handling the lawsuit feel that Epic Games has taken advantage of him. He said that he personally cares about people watching his videos and enjoying them more than he cares about the money, so he’ll let his mom handle the legal situation.