Warner Bros. has always been one of the biggest lobbyist for copyright protection for their movies and games, so it’s ironic we find them as a defendant in a copyright case. The plaintiffs are Nyan Cat and Keyboard Cat creators Christopher Torres and Charles Schmidt, who claim Warner Bros. and developer 5th Cell infringed on their copyright by using their characters without permission. Both Nyan Cat and Keyboard Cat can be summoned into the game by typing their respective names in all Scribblenauts games, including Scribblenauts, Super Scribblenauts, Scribblenauts Remix, and Scribblenauts Unlimited, the latter of which is a Wii U title. The official complaint filing reads as follows: “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. Including, most recently, ‘Scribblenauts Unlimited’, which WB released in 2011.” The lawsuit also hilariously compares the WB shield logo to a meme, which is describes Warner Bros. lawyers as zealously protecting. I’ve never considered the WB logo a meme, but it is a trademarked representation of the company that should be protected as all logos are. Whether these two have a leg to stand on remains to be seen. What do you think of the lawsuit? local_offer Nintendo Scribblenauts Unlimited warner bros. interactive wii u stars Further Reading F-Zero X gets updated on Wii U to fix control New Zelda Breath of the Wild trailer and game Super Mario Maker Wii U vs 3DS comparison (vi Get Ocarina of Time on 3DS for only $14 New teaser site for Zelda: Breath of the Wild released How to track NES Classic Mini stock in time for Christmas tronic307 Trolling for Dollar$. HSN1 Wait… Nyan Cat and Keyboard Cat are copyrighted?! Waluigi Expecting not copyrighted? TOO BAD! COPYRIGHT TIME!!! Peter Where is my european version of Scrobblenauts Unlimited? That is all I wanna know… Ashley King This is likely one factor holding up that release. Right now if the plaintiffs win, Warner Bros. won’t be responsible for damages outside of the US. Jeffrey Debris Same here, I’ve been waiting for the game to be released for ages. I even paid for it already… 🙁 Møhåmmęd Jårmøn It’s really not that worth it. The game is extremely short. BL4CKSH33P I dont mind that… what i do mind is not being rewarded for cleverness creativity. The same thing happens no matter what you use to complete the objectives… that are extremely simple. So it got boring. Møhåmmęd Jårmøn Yeah that’s true. It did get boring really fast BL4CKSH33P wonder which asshole downvoted us lol Møhåmmęd Jårmøn Probably the guys at WB lol Sylux I have no clue but honestly I’m affraid it won’t come at all anymore because it has to use proper (UK) English and also German, French, Italian etc, the game is months overdue. I hope it still comes for those who are eagerly waiting for it. But I seriously doubting it, then this lawsuit ain’t helping either… Morits Lian Why? Why are people so evil? Alex Not evil more like very greedy. Morits Lian Downvoting like a boss. Alex I didn’t down vote you, I up voted you. Morits Lian And I actually meant to say “Someone’s downvoting” but I got cut off so I was gonna edit it later Silent More like greedy and very stupid. AZHood Schmidt and Torres did not submit trademark applications for Keyboard Cat and Nyan Cat until after the first Scribblenauts game was released, which could hurt the pair’s case. Retro Cool Tho, would it not fall under the Parody law of such things? wiiudaily I think Warner Bros are covered under the fair use and parody law. Kalai3 This is stupid. Nyan cat is all over the internet and they don’t complain about its use there. They’re only kicking up a fuss now because a company that they could get a lot of money from is using it. JumpMan 1) i totally agree with you. 2) I LOVE YOUR ADIPOSE AVATAR! <3 Kalai3 Thanks. 🙂 Laud Welcome to America. If you make money we’ll find a way to sue you. Nintedward WHO THE HELL IS NYAN CAT ? crocodileman94 Exactly what I was going to say. btw, why can you sue people for the most ridiculous stuff in America? Sdudyoy I have no idea. Retro Cool YES. Remember a long time ago, someone sued Dunkin Donuts for the coffee being to hot. The woman (I believe) spilled it on herself after taking a sip because she did not know when you buy hot coffee, IT IS HOT and WON! Ashley King Excuse me but this is completely factually wrong. The case you’re referring to is Stella Liebeck vs. McDonald’s, who sued because her coffee was too hot. The thing is, McDonald’s was repeatedly warned that they were serving their coffee at near boiling temperatures. If you think this case is frivolous you have no idea the pain and suffering this 79 year old woman went through. She had to receive multiple SKIN GRAFTS to fix the coffee burns. So before you spout inaccurate information, read up on the cases instead of listening to what the media is telling you. Don’t believe me? The following link is a VERY GRAPHIC image of the burns Liebeck received from her coffee. NSFW: http://harmfuldruginfocenter.files.wordpress.com/2011/08/mcdonalds.jpg Factual Account of the Case: http://www.lectlaw.com/files/cur78.htm Kalai3 Yikes… Retro Cool thank you for the correcting me on that case. Ashley King No worries. I didn’t want to seem like a bitch, but it really irks me when people spout, “Oh in America you can sue because coffee is too hot!” when that case was actually a legitimate reason to sue. Arthur Jarret Ashley is one of the few reasons why gaming makes you smarter. Guest Do not get me wrong, I feel bad for the woman, but this statement below shows no common sense whatsoever to me “After receiving the order, the grandson pulled his car forward and stopped momentarily so that Liebeck could add cream and sugar to her coffee. Liebeck placed the cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap” Call me heartless but i have no sympathy for those who do not use common sense. Flamingoathere Common sense or not, accidents happen. The point is that a woman should not be burned that severely if the coffee was prepared at normal temperatures. McDonald’s prepared the coffee with temperatures too high, and caused severe damage to someone. She had every right to sue. BL4CKSH33P Wait shouldn’t mcdonalds have the RIGHT to make coffee as hot as they want?I mean as long as they tell you its hot, which is stupid already unless you ordered iced coffee. Flamingoathere Whether they should or shouldn’t have the right to serve coffee however hot they want is entirely opinionated. The fact is though, that right now they don’t have that right. There are these things called regulations, which every industry has to meet. BL4CKSH33P HAHA I’m just fucking with you, I have to mess with people who have that “RARA GO ‘MERICA” attitude. But I guess what you previously said “In ‘Merica we have these things called rights” That means you are wrong you don’t have rights or McDonalds would have… said rights. Flamingoathere My “attitude” comes from the same place as Ashely K. I too hate it when people make snarky comments about America, like we’re full of idiots or something. We are a modern country with rights with people that like to exercise them. Just because McDonald’s can’t serve their customers coffee at whatever temperature they want, doesn’t mean they don’t have rights. Don’t act all coy and ignorant. I don’t believe that you’re stupid enough to think that America is the country where you can do whatever you want. BL4CKSH33P Of course its not where you can do what you want BUT it is so damn proud that it is… get it? The mixture of arrogance and ignorance is why people just have to make those “snarky” remarks. Because America IS full of idiots, greedy idiots. How is McDonalds right to serve coffee at what ever temperature opinionated, but your right to sue because your dumbass got burnt by hot coffee not opinionated? Cerus98 It was still a frivolous lawsuit and a waste of taxpayer money. While I sympathize with the situation, no person in their right mind would put a flimsy cup of hot coffee (whether its 100F or 180F) between their knees and open the lid. It was overblown in the media as most suits against businesses are. Had she not been elderly (their skin is more sensitive and delicate) and wearing thick cotton pants (absorbing and holding the hot liquid against her skin) she would not have suffered nearly as much skin damage – no more than minor sunburn. Coffee from a home coffee machine would cause the same burns under the above circumstances. I hate to say it but a younger person would have been able to react fast enough to remove the pants thereby avoiding burns. The cup was labeled hot as well. Yes I know it was argued that it wasn’t large enough but how large do warnings that should be common sense need to be? It’s just like all the BS over requiring fast food menus to post nutritional information or to make cigarettes labels bigger. If you don’t know by now that french fries and cigarettes are unhealthy then no amount of labeling will fix that. As the saying goes, you can’t fix stupid. Guest Isn’t that her fault for not using a freaking cup holder, you know, that thing that was invented to prevent things like this? Yes, they served the really hot coffee, but she is the one responsible for putting the coffee in her lap when she could have easily used a cup holder. People not using common sense like that is why people can make a lot of money for making a bad decision. Andrew Chambers There are quite a few cars that don’t have cupholders. Flamingoathere Because we’re one of those countries where people have things called rights. Being able to take things to court is one of them. Just because you sue also doesn’t mean you are going to win, you have to have a strong case developed. Silent Yeah, in America you have the right to be a d**khead. The right to sue someone for using a meme that has been all over the internet. The right to be greedy and sue someone if they are successful. But it doesnt happen it all places in the US. IMO, too much rights make some people think they are glass sculptures. Bob Wilkerson IS that why people can sue a fast food chain because they spilled their hot coffee in a cup clearly labeled with a warning of Hot and get millions or a home invader can sue and win when they hurt themselves in the act of robbing your home? Flamingoathere You should really look at Ashley’s post about that, otherwise you just look ignorant. Bob Wilkerson Forgive me if this sounds ignorant and I feel bad for the woman that got burnt but the burns were partially because she didn’t exercise caution and opened the cup in a car to add cream. Was McDonald’s partially at fault for making their coffee hot… yes but my point is many people are careless things that can harm them and then sue for their carelessness. I guess maybe it is just me but if something is marked CAUTION: HOT I would not open it in a car and not on a unstable surface next to sensitive skin. If the coffee was closer to the 150 degree temp that most places serve coffee at vs the 170-180 degree the burns would have been less severe but still pretty bad. Should her medical bills have been paid and compensation for her recovery… by all means yes but nearly 3 million??? Especially when she put it between her legs and squeezed and when she removed the lid the flimsy Styrofoam gave in? I guess maybe they should add DO NOT OPEN UNLESS ON A SAFE STABLE SURFACE AWAY FROM SKIN. Some of this is due to lack of common sense and patience on the lady’s part. Andrew Chambers Well I’m sure they’ll add that to the cups now. BL4CKSH33P In ‘merica you can even have terrible grammar when speaking about your magnificent country lol. Can’t wait to leave. Btw you should check the rights you have in the U.S. compared to nations like Canada and Singapore. Flamingoathere And since you’re so educated on grammar, you would know that grammar is largely subjective, and that there is nothing wrong with my post. Why should I check out the rights in Canada and Singapore? Granted they may be interesting, but they aren’t dong me any good being an American. BL4CKSH33P Dude, you put were instead of where. My point is they have more rights than you do, and you don’t see them suing people over stupid shit all the time. Flamingoathere I apologize for my spelling error. Do you honestly think that out of all of my posts so far, that one error warrants you telling me I have terrible grammar? Just because I don’t get information about frivolous lawsuits in Canada or Singapore, doesn’t mean they don’t happen too. I’m not sure what you’re getting at though. Is exercising your legal rights a bad thing in your opinion? I for one think it is great that we have the right to debate an issue in modern countries, just like we are doing right now. BL4CKSH33P Umm yes, I do. Joking, everybody makes grammatical errors, don’t get so worked up. (but its mostly the americans). Maybe they do but clearly not as often or as petty as the lawsuits in the states and they don’t get much publicity and they are dismissed and the idiots are treated as they should be treated, like idiots not heroes who need sympathy for being an idiot. What I’m getting at is that I think people should not have the right to behave likes asses? why should they? Why should you be able to try and take my money because you are an Idiot? Your “snarky” remark about the rights you are allowed to exercise in the United States honestly just annoyed me so I trolled a little. But if you continue this conversation it is bound to get political and you will not only lose but you will second guess your blind patriotism. X3Charlie The main problem is not so much that you can is that people do. Americans tend to sue for everything, this also drives up the price of insurance. Jon LOL, this is just sad I wonder if I can sue on Memebase on all those people that use it, Hey then I can afford a new car, a new house and pay off my education! rofl, just sad Ben Kapferer Then maybe people can come with original humor for a change. RyuNoHadouken frivolous Wasbodee the idiots who are suing wb should both be smacked…. greedy idiots ludist210 “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. Including, most recently, ‘Scribblenauts Unlimited’, which WB released in 2011.” …except Scribblenauts Unlimited released in 2012? FlyingBoat well if i made a meme and it was put in video games id think it was awesome. but i guess its their choice. Kirbyomega Wow. Who really cares. Like the memes are cool and all but so what if they are used in a game… Nintyfan You’d think they’d just be honored to have their creations referenced, instead they have to resort to a cash grab. Eddie Garland Of course they have to defend their creative brilliance, only true geniuses could come up with a poptart rainbow cat and a cat playing keyboard. jldf agjrflhajfgkljdakl;gjiorajgkrlaa memes make me hate the internet. Stenaven The creators really have to be money hogs, and be a dick about it? Really? REALLLLLLYYYYYYY??? That’d be like if the people used in memes sued every website that used their photo (ie: reddit, ifunny, using goodguygreg, photogenicguy, anything with actors, etc.) Zombie_Andrew Is this the reason why it’s been delayed here in the UK? David Rampa if i was a lawyer or a judge in the states and get confronted with copyright bullshit like “Nyan Cat”, id just put my face on my palms and think: “Fuck humanity…” Ducked Its just a pop tart with a rainbow tail.