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5th Cell and Warner Bros. being sued over use of Keyboard Cat and Nyan Cat in Scribblenauts

Thursday, 2nd May 2013 15:36 GMT By Stephany Nunneley

Warner Bros. and 5th Cell are being sued by the creators of Internet memes Keyboard Cat and Nyan Cat over copyright infringement.

Both cats are features as Easter Eggs in Scribblenauts, Super Scribblenauts, Scribblenauts Remix, and Scribblenauts Unlimited.

Keyboard Cat creator Charles Schmidt and Nyan Cat GIF creator Christopher Orlando Torres have also filed for trademark infringement.

“For the past three years, WB, along with game developer 5th, have knowingly and intentionally infringed plaintiffs’ copyrights and trademarks by using ‘Nyan Cat’ and Fatso’s image in WB’s top selling ‘Scribblenauts’ games,” the complaint reads. “Including, most recently, ‘Scribblenauts Unlimited’, which WB released in 2011.”

Both state their creations were used without license or authorization and are seeking an unknown amount in monetary damages along with attorney fees.

According to Eurogamer, neither meme was trademarked until 2010, and the first Scribblenauts game was released in 2009. And while the footage of Keyboard Cat was recorded in 1984, it only became famous in 2009.

Scribblenauts contains many instances of Internet jokes such as Rickroll, Dramatic Chipmunk, and more.

Since we don’t want to get sued as well, we’re using a shot of our own keyboard cat in this post.

Hit the links for more information.

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7 Comments

  1. Fin

    /eyeroll

    #1 2 years ago
  2. G1GAHURTZ

    https://www.youtube.com/watch?v=Mo1BorkW9Do

    #2 2 years ago
  3. Cobra951

    Money money money money!

    MO-NEY!

    #3 2 years ago
  4. The_Red

    Wait, cat vids on YouTube and random GIFs are protected by copyright!?

    #4 2 years ago
  5. ruckus

    Copyright is automatic and if it didn’t exist for everyone then why should it exist for anyone?

    #5 2 years ago
  6. Gekidami

    Indeed, you make an original video and stick it on Youtube, its automatically copyrighted to you (same with pictures on DeviantArt and the like). Though the keyboard cat one is pretty iffy seeing as the whole concept is to have it play out footage from someone else, pretty much every keyboard cat video could be DMCA’ed, and not because of the keyboard cat part.

    #6 2 years ago
  7. sh4dow

    What the hell?! What’s with the tone of the article and some of the comments?!
    Some individuals who started these well-known things got ripped off by huge companies, yet when those same companies that make millions anyway, complain about piracy, then you’re all up in arms about it, right?
    Pfah… (that is me being disgusted)

    #7 2 years ago

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