WB sued for Nyan Cat and Keyboard Cat Creators for the respected memes' appearance in Scribblenauts games.

Apparently, they "allege the likenesses of their memes were used without express permission". They state:

''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. ''(Wrong release date.)

But the thing is, Scribblenauts originally came out in 2009. The memes weren't trademarked until 2010.

What are your thoughts on this?

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