Nyan Cat and Keyboard Cat Creators sue Warner bros

Charles Schmidt and Christopher Orlando Torres have filed a lawsuit against Warner bros and 5th cell who shamelessly took two of the characters they created and used them in their game.

Plaintiffs accuse Warner Bros and 5th Cell of including, without any licenses or authorizations, the Keyboard Cat and Nyan Cat characters in their original Scribblenauts video game released in 2009, the 2010 Super Scribblenauts, 2011 Scribblenauts Remix, and the 2012 Scribblenauts Unlimited. Defendants are accused of shamelessly using identifying “Nyan Cat” and “Keyboard Cat” by name to promote and market their games. Plaintiffs claim that Warner Bros and 5th Cell’s trademark infringement was willful and intentional and are requesting an award of treble damages and requesting the case be deemed exception under 15 U.S.C. § 1117(a), thereby entitling Plaintiffs to an award of reasonable attorneys’ fees.

it’s brought a few things around such as the legal description of memes nyan cat is described as a “a character with a cat’s face and a [18] body resembling a horizontal breakfast bar with pink frosting sprinkled with light [19] red dots, flies across the screen, leaving a stream of exhaust in the form of a bright [20] rainbow in its wake.” and Fatso was described as ”

a video of Schmidt’s cat, Fatso, wearing a shirt and [9] sitting upright with its paws on the keys of an electric keyboard, which Schmidt [10] manipulated to make Fatso appear to be playing a tune” .

these memes are the intellectual property of the creators they are also registered copyrights. How do you feel about memes entering the legal realm? Do you think that memes should always be free to use? Do you feel that this is the same as anybody else using the meme or that it destroys it? Why not tell us in the comments.

I couldn’t write down the entire lawsuit in a single blog post, so I’ve included the source.