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.