Nintendo pulled Scribblenauts for the Wii U at the very last minute here in the UK. And now we might have a reason for that delay. According to a copyright and trade mark infringement lawsuit (here, via) the game features memes like Keyboard Cat, the viral video for which is registered with the US Copyright by a Charles Schmidt and has a trade mark pending.
“Keyboard Cat is a video of Schmidt’s cat, Fatso, wearing a shirt and playing an electronic keyboard with its pause [sic],” says a report. “The meme, which is a communication of ideas or information, has gone viral, receiving over thirty million YouTube hits. Schmidt has registered the video’s copyright with the US Copyright and has two pending trademark application for the term ‘Keyboard Cat’.”
“Keyboard Cat’s stardom has led to numerous appearances in commercials, including a feature role in a national Starburst candy television commercial.”
The game also features Nyan Cat, registered by a Christopher Orlando Torres.
The two accuse, according to the report, 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.”
Scribblenauts lets users type in various nouns and adjectives, with thousands of pre-built objects then appearing to help characters active set tasks.
Note that Nintendo have never officially said why the game was delayed.