Scribblenot Legal

So, the whole Colonial Marines shenanigans isn't frivolous enough for you? Then how about Scribblenauts being sued for using cat memes? I am abolsutely serious. Charles Schmidt and Christopher Orlando Torres, creators of Keyboard Cat and Nyan Cat respectively, are filing suit over usage of their Lolcat contributions.
"Plaintiffs accuse Warner Bros and 5th Cell of including, without any licenses or authorizations, the Keyboard Cat and Nyan Cat characters in their original Scribblenauts videogame released in 2009, the 2010 Super Scribblenauts, 2011 Scribblenauts Remix, and the 2012 Scribblenauts Unlimited. Defendants are accused of shamelessly using identifying 'Nyan Cat' and 'Keyboard Cat' by name to promote and market their games. Plaintiffs claim that Warner Bros and 5th Cell's trademark infringement was willful and intentional and are requesting an award of treble damages and requesting the case be deemed exception under 15 U.S.C. § 1117, thereby entitling Plaintiffs to an award of reasonable attorneys' fees."
Why it took this long for complaints to be raised..? Well, according to Mister Torres it hasn't. He claims that both he and Schmidt (not the dude who hangs out with Jess, but that would be freaking awesome if it was) have repeatedly requested fair royalties from 5th Cell and Warner and have been 'disrespected and snubbed' at every turn. Which, I grant you, sounds plausible, but unlikely. Surely if this had persisted for so long, which such disparaging attitudes, we would have heard something sooner.
Speaking of that Colonial Marines suit, the timing of this...forgive my ad hominem reasoning here, but the timing is decidedly suspect. Still, I can understand why they would, both, be sore about the lack of royalties and I highly doubt either company would miss a few bucks given the games' continued success. I expect this one to have a fairly speedy resolution personally, though I can't help but frown at the way it is being handled. But what do you think? Catments below.
Posted 06-05-2013, 13:40
So are they also going to pay the Lovecraft estate since you can spawn Cthulhu? Or anything else you can spawn that is a licensed character?