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Warner Bros. Sued for Use of Nyan Cat, Keyboard Cat

By - Source: IPTrademarkAttorney | B 11 comments

Creators are seeking an injunction against Warner Bros. and 5th Cell.

Warner Bros. has found itself on the receiving end of a lawsuit due to the studio's unauthorized use of Nyan Cat and Keyboard cat. The creators of the Nyan Cat and Keyboard Cat YouTube videos are suing Warner Bros. over the use of their characters in Scribblenauts.

The complaint alleges willful copyright infringement, claiming that plenty of other companies pay licensing fees to Charles Schmidt and Christopher Torres in exchange for using their memes commercially. Warner Bros. did obtain any such license and Schmidt (creator of Keyboard Cat) and Torres (creator of Nyan Cat) say the company knowingly and intentionally infringed upon their copyrights and trademarks by using Nyan Cat and Keyboard Cat's image in Scribblenauts. The complaint says the studio, along with game developer 5th Cell Media, identified the memes by name to promote and market Scribbenauts titles. 

According to the BBC, both Torres and Schmidt own copyrights and trademarks of the characters featured in their videos. Keyboard Cat stars Mr Schmidt's own cat, Fatso, while Nyan Cat features a drawing by Torres that melds a cat with a breakfast treat. The two have asked that an injunction be issued to prevent WB and 5th Cell from using their memes until the issue has been resolved. 

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Top Comments
  • 31 Hide
    Jerky_san , May 3, 2013 2:08 PM
    Wait a minute.. Warner Brothers can commit copyright infringement and not have their place raid and everything taken? My god..
  • 26 Hide
    capt_taco , May 3, 2013 4:20 PM
    As dumb as I think it is to sue someone over a YouTube meme, it's about time one of these companies got a taste of their own medicine.
  • 19 Hide
    kanoobie , May 3, 2013 2:32 PM
    "Warner Bros. did obtain any such license"
    then what is the problem? Fix the typo please.
Other Comments
  • 31 Hide
    Jerky_san , May 3, 2013 2:08 PM
    Wait a minute.. Warner Brothers can commit copyright infringement and not have their place raid and everything taken? My god..
  • 9 Hide
    dalethepcman , May 3, 2013 2:26 PM
    This is pure awesome! Stick it to the man!
  • 19 Hide
    kanoobie , May 3, 2013 2:32 PM
    "Warner Bros. did obtain any such license"
    then what is the problem? Fix the typo please.
  • -2 Hide
    kanoobie , May 3, 2013 2:41 PM
    "Warner Bros. did obtain any such license"
    then what is the problem? Fix the typo please.
  • 7 Hide
    upgrade_1977 , May 3, 2013 4:14 PM
    hopefully they get like 100,000 for each use of willful copyright infringement for each time it was used. Add the 2, cary the one, multiply by 3......Should come out to double the amount of the national dept.
  • 26 Hide
    capt_taco , May 3, 2013 4:20 PM
    As dumb as I think it is to sue someone over a YouTube meme, it's about time one of these companies got a taste of their own medicine.
  • 5 Hide
    christop , May 3, 2013 4:28 PM
    Kinda shocked warner bros didn't change 4 pixel of the character and call it their own.
  • 1 Hide
    fnh , May 3, 2013 7:08 PM
    At least the creators had the presence of forethought to copyright and trademark their creations.
    This thing will be over ASAP, the creators get an out-of-court settlement, and publicity is had by everyone!
  • 1 Hide
    digiex , May 3, 2013 9:19 PM
    What's piratin' doc...
    With their tons of cartoon characters, they still use other peoples creation. Are their cartoon characters already out of date?
  • 5 Hide
    Someone Somewhere , May 3, 2013 11:00 PM
    Quote:
    Warner Bros. did obtain any such license

    Might be missing a "not" there. 2nd paragraph, 2nd sentence.
  • 2 Hide
    bryonhowley , May 3, 2013 11:05 PM
    Well like it or not but Warner Brothers has the money to keep this going until the other parties run completely out of money to fight it any more.
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