if they scanned the actual person doing the move, then they're using their likeness....I don't really know how anyone could get money from the company. There is no doubt the company copied most of them shits from other people, but it's not like those people had those dances copywritten.
thy just gotta prove that they were the person who was scanned for it.....
lawyers wouldn't be taking the shit if it wasn't a chance it's winnable...and again, it only takes one savvy enough to win