The creators of Internet memes Keyboard Cat and Nyan Cat are suing the developers of Scribblenauts and Warner Bros.
Charles Schmidt, creator of the YouTube meme Keyboard Cat and Christopher Orlando Torres, creator of well-known animated GIF Nyan Cat, are claiming copyright and trademark infringement against developer 5th Cell and Warner Bros.
“For the past three years, WB, along with game developer 5th [Cell], have knowingly and intentionally infringed plaintiffs’ copyrights and trademarks by using ‘Nyan Cat’ and Fatso’s image in WB’s top selling ‘Scribblenauts’ games, including, most recently, ‘Scribblenauts Unlimited,’ which WB released in 2011,” the complaint document reads. “Compounding their infringements, defendants have used ‘Nyan Cat’ and ‘Keyboard Cat,’ even identifying them by name, to promote and market their games, all without plaintiffs’ permission and without any compensation to plaintiffs. Hence the instant action.”
I’m no expert in copyright law, but I think since the two memes weren’t trademarked until 2010, while the first Scribblenauts was released in 2009, this action might not stick. At least, I hope it doesn’t.
Picking on Scribblenauts over something as impossibly dumb as a pair of Internet memes feels akin to going to an elementary school and pushing down first graders. You only make yourself look like the biggest jerk on the planet, and gain absolutely nothing from it.
And now, a video of Torres accepting a Webby award in two minutes of cringe-worthy video: