Keyboard Cat creator, Charles Schmidt, and Nyan Cat GIF creator, Christopher Orlando Torres, said in their complaint “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.”
Scribblenauts, Super Scribblenauts, Scribblenauts Remix, and Scribblenauts Unlimited.feature the cats as Easter Eggs.
It appears as though neither cat was trademarked until 2010, and the first Scribblenauts game was released in 2009. In addition, while the footage of Keyboard Cat was recorded in 1984, it only became famous in 2009.
What are your thoughts?