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Warner Bros. and 5th Cell facing Keyboard Cat, Nyan Cat lawsuit

Publisher and developer targeted in Scribblenauts trademark infringement lawsuit from creators of memes.

133 Comments

The creators of Keyboard Cat and Nyan Cat have sued Scribblenauts developer 5th Cell and publisher Warner Bros., accusing the companies of using their memes without consent.

Image credit: Scribblenauts Wiki
Image credit: Scribblenauts Wiki

Attorneys for Charles Schmidt (Keyboard Cat) and Christopher Orlander Torres (Nyan Cat) filed a trademark infringement lawsuit against the companies at the end of April, according to a description of the case from the Los Angeles IP trademark blog (via Eurogamer).

The Keyboard Cat and Nyan Cat memes appeared in various Scribblenauts games, including the 2009 original DS game, 2010's Super Scribblenauts, 2011's Scribblenauts Remix, and 2012's Scribblenauts Unlimited.

Schmidt and Torres claim they never gave Warner Bros. and 5th Cell license or authorization to use Keyboard Cat and Nyan Cat in the games. The plaintiffs accuse the companies of "shamelessly" using the material to promote and market the Scribblenauts titles and are seeking unspecified damages.

Notably, Schmidt and Torres did not submit trademark applications for Keyboard Cat and Nyan Cat until after the first Scribblenauts game was released, which could hurt the pair's case.

The case is Schmidt, et al. v. Warner Bros. Entertainment, Inc., CV13-02824 JFW (C.D. Cal. CV13-02824). For more, check out the complaint in full.

A Warner Bros. representative was not immediately available to comment.

The next Scribblenauts game is rumored to be a DC Comics superhero game that could be announced as early as the 2013 Electronic Entertainment Expo next month.

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Avatar image for soulless4now
soulless4now

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Technically they should be suing a lot more people if that's the case.

But still...lol wut?

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Avatar image for Saketume
Saketume

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@soulless4now Have others tried to make money of memes?

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Avatar image for TohouAsura
TohouAsura

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@Saketume @soulless4now YES.

Youtube uploads earning money from views.

Merchandise made on said memes.

T-shirts, toys, hats, smartphone covers...

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Avatar image for GreggD
GreggD

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@Saketume @soulless4now T-shirts.

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Avatar image for Kyere
Kyere

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@GreggD @Saketume @soulless4now Most are unaffiliated with the creators of said memes as well. Thus they aren't receiving royalties. Where's the lawsuit there?

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Avatar image for DragonessAthena
DragonessAthena

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I seem to remember an episode of South Park making fun of people like that who make internet memes. I sure hope they get their imaginary internet money like all those other meme makers got.

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Avatar image for SteveTwo
SteveTwo

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@DragonessAthena Internet fame is what is worthless. Someone gets famous on the internet, so what. But the money you make off the internet, even more so as it becomes increasingly monetized, is significant. Quit your job type of significant. And that's if you are a minorly successful nobody. If it's someone you've actually heard of, they money is likely quite large. The fame may be a joke, but the money is very very real.

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Avatar image for FlyingAce1016
FlyingAce1016

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suing over a meme? the heck these guys should just get over it

2 • 
Avatar image for AceJakk
AceJakk

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@FlyingAce1016 It's their creative property. They shouldn't just "get over it".

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Avatar image for Ayato_Kamina_1
Ayato_Kamina_1

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@AceJakk @FlyingAce1016 Then they should have done better to protect it. IE not filing copyright till after the game was made, and then keeping quiet about it for the number of games released to increase.

The thing that annoys me about these types of lawsuits is that the people suing usually just wait until the lawsuit becomes worth more before even mentioning it. Do you think they issued any cease and desist letters to 5th cell or WB? I doubt it. They thought they'd wait until it was worth more.

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Avatar image for Jinzo_111887
Jinzo_111887

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I'm guessing this could be a form of karma. Warner was one of the companies that used anti-used game practices on console games just like EA and THQ. EA got a bad rep and THQ's gone bankrupt. I wonder what's the next company resorting to anti-used practices that's going to get what they deserve.

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Avatar image for chuckles471
chuckles471

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Edited By chuckles471

@Jinzo_111887 Wow, you don't really understand Karma how works. EA already had a bad rep and THQ were already on their way to being bankrupt before online passes were even a thought.

Warner Bros only used it on two big games, MK9 and Batman. It isn't in Injustice so they have learned their lesson or are you mad that you are too cheap to play as Catwoman.;)

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Avatar image for Jinzo_111887
Jinzo_111887

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Edited By Jinzo_111887

@chuckles471 I am not cheap. I tend to buy new when possible. However, I despise companies that do such things because I like to have the option to buy preowned without interference if new isn't an option. That's part of the reason why I skipped over those two games. That and there other games I was interested in. By the time MK9 dropped the online pass, I lost interest in the game.

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lex_in_the_moon

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Edited By lex_in_the_moon

I would have thought people who made such silly videos aren't humorless money grabbers. I think I'd be happy to have anything I make put into a game, especially when it's so harmless.

9 • 
Avatar image for Kyere
Kyere

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Edited By Kyere

@lex_in_the_moon Not too mention it increases the popularity of said meme.

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Avatar image for ShakyMonkey
ShakyMonkey

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Lawsuits. Lawsuits everywhere.

3 • 
Avatar image for Kyere
Kyere

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@ShakyMonkey *Sued for copyright infringement and illicit meme use*

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Avatar image for sefrix
Sefrix

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Anything to make a buck. I wasn't aware that you could own moving a cat over a keyboard.

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Avatar image for AceJakk
AceJakk

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Edited By AceJakk

@Sefrix That's not what the copyright is claiming. Copyrights are very specific and the representation of the cat playing the keyboard in scribblenauts is definitely a breach of copyright law. Intellectual property and copyright law is serious bidness.

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Avatar image for sefrix
Sefrix

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@AceJakk I was speaking loosely to point out how stupid it is that you can sue over making a fat cat move to some music.

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Avatar image for snakebite6x6x6
snakebite6x6x6

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@AceJakk @Sefrix

Unless they consider the game version to be a parody of the original. That is how Weird Al has defeated all the copyright lawsuits that were leveled at him.


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Avatar image for snakebite6x6x6
snakebite6x6x6

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Edited By snakebite6x6x6

@Sefrix @snakebite6x6x6

Well, I'm not sure how many times he was sued...but I know he was sued by Coolio over the parody Amish Paradise.

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Sefrix

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Edited By Sefrix

@snakebite6x6x6 Was he ever sued? I thought everyone was pretty cool with what he did.

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Avatar image for xsonicchaos
xsonicchaos

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@AceJakk @Sefrix Really? Did they trademarked their "creations"?

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Avatar image for AceJakk
AceJakk

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@xsonicchaos @AceJakk @Sefrix Trademarks are pending, yes.

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Avatar image for theend3r
theend3r

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To all the people saying they didn't copyright it in time:

1) the USA signed TRIPS

2) "Copyright must be granted automatically, and not based upon any "formality," such as registrations, as specified in the Berne Convention. (Art. 9)"

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Avatar image for TJSpyke
TJSpyke

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Edited By TJSpyke

Sounds like they are money whores. They never cared about people using their lame meme, and never bothered to trademark them until Scribblenauts came out and became a big success. They were never gonna do anything with their memes. They will lose their lawsuit because of that, and all they will have left are their Internet bucks (ala South Park).

5 • 
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zeekybookydoog

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Edited By zeekybookydoog

And this, my dear friends, is why our copyright system is horses***.

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Avatar image for TJSpyke
TJSpyke

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@zeekybookydoog Trademark, not copyright. And the system will prevent these greedy, talentless people from winning against Warner Bros.

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Avatar image for AceJakk
AceJakk

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Edited By AceJakk

@TJSpyke @zeekybookydoog They will settle out of court. Neither side will "win"

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Avatar image for JKjr86
JKjr86

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I just... I don't know. I honestly don't know. XD

3 • 
Avatar image for ramenchan
ramenchan

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Edited By ramenchan

Just imagine, if the guys that created Keyboard Cat and Nyan Cat succeed then Drinkbox studios and Guacamelee! may be in serious problems in the future -_-

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Avatar image for chuckles471
chuckles471

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@ramenchan What the easter eggs in Guacamelee? They are parody, there would never be a case. Bad example.

In that case Family Guy would be Fooked, cause most of the jokes are on copyrighted material.

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Avatar image for Stedmister
Stedmister

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@chuckles471 @ramenchan If something is a parody is is exempted from copywrite laws. It stated in the us copywrite act, otherwise Weird Al never exist.

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Avatar image for ggregd
ggregd

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@Stedmister @chuckles471 @ramenchan Damn copyright laws - too lenient.

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Avatar image for JimmeyBurrows
JimmeyBurrows

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They got the copyright after the game was made... Well case closed then.

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Avatar image for Gamer_4_Fun
Gamer_4_Fun

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Edited By Gamer_4_Fun

Really, using a stupid meme! There is no copyright for something that has grown out of the internet culture. I hope they lose big time.

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AceJakk

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Edited By AceJakk

@Gamer_4_Fun There is still a copyright, popularity does not a copyright make.

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Avatar image for SkyfolkOfMomir
SkyfolkOfMomir

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Edited By SkyfolkOfMomir

This is the stupidest lawsuit I've read about since I was a kid.

2 • 
Avatar image for Saketume
Saketume

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@SkyfolkOfMomir You must have missed all the apple lawsuits ;)

Like that one time when they sued a fruit company selling apples.

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Avatar image for ggregd
ggregd

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Someone please get Kelloggs to sue the Nyan Cat guy for infringement on Pop-Tarts. FFS the meme was only popular after SOMEONE ELSE added music to it and posted it on YouTube.

How embarrassingly mercenary of them.

17 • 
Avatar image for gatsbythepig
gatsbythepig

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They are using a representation or allusion to Keyboard Cat and Nyan Cat. They are not using memes. Huge difference.

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Avatar image for Ice-Cube
Ice-Cube

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One word: Lol

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Avatar image for MoronGotMyName
MoronGotMyName

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How adorable - thanks to a retarded society these morons see an opportunity to make money and go for the win.

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AceJakk

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@MoronGotMyName How dare society try and protect intellectual property.

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Avatar image for Saketume
Saketume

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@AceJakk

Why do I always laugh a little whenever I read "intellectual property"

Those words are mine by the way I thought of them first. You stole them out of my head didn't you?

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Avatar image for greatryoman
greatryoman

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Edited By greatryoman

Boooooooooo.

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Avatar image for Takeno456
Takeno456

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Edited By Takeno456

Wow your meme got used without permission. I think they are missing the whole point of memes. Good thing the owners of DBZ don't sue every time they see an "over 9000" meme get used. Or Nintendo throwing out a lawsuit every time "do a barrel roll" gets posted.

2 • 
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LonerCat

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Suing because of internet memes. What the **** is wrong with this world?

22 •