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'Memes Have Rights Too': Grumpy Cat Wins $710,000 In Copyright Lawsuit (thewrap.com)

Zorro shares a report from TheWrap: The Grumpy Cat Limited company was awarded $710,001 in damages on Monday when a California jury decided that the beverage company Grenade was guilty of infringing on its copyright and trademark. Grumpy Cat Limited, formed by Tabatha Bundesen to monetize the viral fame of her sour-faced cat (real name, Tardar Sauce), sued Grenade in 2015, claiming the company used the cat's image on several of its products, despite only having the rights to sell a line of iced coffees called "Grumpy Cat Grumppuccino." The Grumpy Cat image appeared on Grenade's roasted coffee line and tee-shirts, neither of which were part of the original deal. Grenade filed its own countersuit, claiming Grumpy Cat didn't hold up its end of the bargain and failed to promote the brand as outlined under the terms of the deal. However, the jury wasn't moved by its argument and ultimately decided in favor of the meme. "It's important precedent when you have something like a meme online," David Jonelis of Lavely & Singer, Grumpy Cat's lawyer, told TheWrap. "It's the first verdict ever rendered in favor of a viral meme. Memes have rights too."

62 comments

  1. Say what? by Daetrin · · Score: 3, Insightful

    I'm failing to see the link between a lawsuit over contract violation and "memes having rights". I'm unsure whether the lawyer is an idiot, or just knows that making outrageous statements will grab headlines. Probably the later, and Slashdot apparently fell for it hook line and sinker.

    Oh wait, who do we have to pay for violating the rights of the "hook line and sinker" meme?

    --
    This Space Intentionally Left Blank
    1. Re:Say what? by Anonymous Coward · · Score: 3, Insightful

      I'm unsure whether the lawyer is an idiot, or just knows that making outrageous statements will grab headlines.

      Or maybe he just has a, you know, sense of humour?

    2. Re:Say what? by Anonymous Coward · · Score: 0

      It's a joke from the attorney. You know what jokes are?

    3. Re:Say what? by AmiMoJo · · Score: 4, Insightful

      I think the point he is trying to make is that even if something becomes a meme it retains its copyright and you can't just use it in your products without licensing.

      It's different to say a trademark where you have to defend it, for example.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:Say what? by Quirkz · · Score: 4, Funny

      fell for it hook line and sinker.?

      Hi. I'm a lawyer from Abshagen and Dillard, and we represent Fishing Cliches, Inc. You have made use of their patented expression without the express written consent of FCI or MLB. You must pay $100 or be guilty of infring-meme-nt.

    5. Re:Say what? by xevioso · · Score: 3, Funny

      Not from an attorney, no. I know of many jokes *about* them, but none *from* them.

    6. Re: Say what? by Anonymous Coward · · Score: 0

      cats have rights

    7. Re:Say what? by Anonymous Coward · · Score: 0

      Awww, baby's first Copyright and Trademark lawsuit news story.

    8. Re:Say what? by AC-x · · Score: 2

      Clickbait has rights too you know!

    9. Re:Say what? by Anonymous Coward · · Score: 1

      It's a joke. Sheesh! Get over yourself.

    10. Re:Say what? by thegarbz · · Score: 1

      I think the point he is trying to make is that even if something becomes a meme it retains its copyright and you can't just use it in your products without licensing.

      It's different to say a trademark where you have to defend it, for example.

      Then he made the point very poorly because this case and the win was about defending this registered trademark.

    11. Re:Say what? by MitchDev · · Score: 1

      This is why I'm rooting for "Extinction-Event Asteroid" in the next election....

    12. Re:Say what? by Anonymous Coward · · Score: 0

      Oh wait, who do we have to pay for violating the rights of the "hook line and sinker" meme?

      thatsbait.jpg

    13. Re:Say what? by AnalogDiehard · · Score: 2

      Key phrase is "trademark". The cat's likeness was trademarked by the owner and cannot be used for commercial purposes without their permission.

      It is hardly a new concept, as many estates of famous people also trademark the likeness of them. Einstein's family still owns his likeness which cannot be used for commercial purposes without their permission.

      --
      Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    14. Re:Say what? by Anonymous Coward · · Score: 0

      I'm failing to see the link between a lawsuit over contract violation and "memes having rights". I'm unsure whether the lawyer is an idiot, or just knows that making outrageous statements will grab headlines. Probably the later, and Slashdot apparently fell for it hook line and sinker.

      Oh wait, who do we have to pay for violating the rights of the "hook line and sinker" meme?

      Woosh!

    15. Re:Say what? by oldmac31310 · · Score: 1

      Latter. Damn it. Latter.

      --
      http://www.acetonestudio.com
  2. Notta problem by Tablizer · · Score: 1

    It's okay, we're switching to Pissed Off Cat

  3. What a joke by Anonymous Coward · · Score: 0

    Copyrights need the same "commonly used" self-destruct clause trademarks have.

    1. Re: What a joke by Dr+Fro · · Score: 2

      It's called public domain... It applies to anything created before Steamboat Willie

      --
      ********************
      I object to Intellect without Discipline.
    2. Re:What a joke by Anonymous Coward · · Score: 0

      Copyrights need to be rolled back to a reasonable time frame. The whole point was that a work would enter the public domain and benefit the public in a timely manner after incentivizing creation. It was never meant to allow someone to live forever on the income from a few ideas. The current copyright regime is a complete bastardization of its original intent.

  4. Insert image of by xevioso · · Score: 1

    Since I cannot so it, you will have to imagine it...

    "Insert meme .jpg of Grumpy Cat with the word "Good!" in a bold Inpact font at the bottom in white."

  5. She's not a meme by ChunderDownunder · · Score: 1

    She's a cat.

    Trademarking a likeness is no different to producing a human-celebrity endorsed cologne.

    1. Re:She's not a meme by Anonymous Coward · · Score: 0

      Trademarking a likeness is no different to producing a human-celebrity endorsed cologne.

      It was a copyright case over a photograph.

    2. Re:She's not a meme by ChunderDownunder · · Score: 1

      And?

      You're using a person's likeness. That the law would draw a distinction because that person is a cat just smacks of human chauvinism.

    3. Re:She's not a meme by rtb61 · · Score: 1

      The cat is not suing, the slave cat owner is suing, in this case the cat has no right to anything beyond a humane putting to sleep for what ever reason the slave cat owner deems appropriate, whether that be chicken fried cat (and that's not chicken revenge frying that is unborn chicken sacrifice frying) or any other use the slave cut owner wishes to put the humanly 'put to sleep' cat. https://peterbarrett.com.au/20... One persons pet is another person mass murderer http://www.abc.net.au/news/201.... Perhaps grumpy cut has just heard about Kangaroo Island https://en.wikipedia.org/wiki/..., it's were you go if you find Adelaide all a little to hot, thanks for nothing America.

      --
      Chaos - everything, everywhere, everywhen
  6. Company NE Meme by hackwrench · · Score: 1

    The Company is not the same thing as the meme.

    1. Re:Company NE Meme by Hal_Porter · · Score: 1

      NE != !=

      --
      echo -e 'global _start\n _start:\n mov eax, 2\n int 80h\n jmp _start' > a.asm; nasm a.asm -f elf; ld a.o -o a;
    2. Re:Company NE Meme by Anonymous Coward · · Score: 0

      NE NE !=
      NE NE Cherry

  7. Which is it? by Anonymous Coward · · Score: 0

    $710,000 or $710,001? Dollars have rights too!

    1. Re:Which is it? by Anonymous Coward · · Score: 0

      Attorney fee $710,000, Grumpy Cat $0.01

  8. Re:"copyright" by Anonymous Coward · · Score: 0

    sounds like bicoin

  9. Re:"copyright" by mi · · Score: 2

    thanks to artificial scarcity

    What "artificial scarcity"? There are plenty of cats — most of them capable of hilarious "facial" expressions...

    So if all I get, is a worthless mere copy

    If the "mere copy" of this particular cat's expression were really "worthless", then why would the company use that image in particular? I guess, it was not... They wanted that image in particular for some reason.

    I worked just as hard for the original money as somebody worked hard for the original work.

    Marx got it all wrong. The value of something — anything — is measured not by the amount of labor (Marx' theory of value), that went into it, but rather by other people's willingess to pay for it.

    That is, if nobody cares for your cat's picture, it is worthless even if you spent three months of trying to photograph the creature.

    --
    In Soviet Washington the swamp drains you.
  10. Re:"copyright" by Anonymous Coward · · Score: 0

    But in your analogy, you didnt work hard for that money.

  11. Well, I guess he isn't grumpy anymore? by Zurkeyon3733 · · Score: 1

    I mean, how could you be grumpy after just having won the internet! (+/- 710,000$) :-D

  12. Tardar Sauce? by Quirkz · · Score: 2

    So, I can't tell if they're just really dumb and don't know how to spell, or if they're making a kind of tasteless joke, but either way, that's got to be about the worst name for a cat that I've ever heard.

    1. Re:Tardar Sauce? by xevioso · · Score: 5, Informative

      They were, in fact making a tasteless joke. The cat was named "tardar sauce" and the owner originally called her "Tard" for short, but once the cat became famous, a number of people objected to the use of the word Tard, which is short for "retard", and complained; the owner refers to the cat by her name in full now, supposedly.

    2. Re:Tardar Sauce? by Anonymous Coward · · Score: 0

      Tardar is similiar to gaydar.

    3. Re:Tardar Sauce? by Anonymous Coward · · Score: 0

      What does it detect?

    4. Re:Tardar Sauce? by Anonymous Coward · · Score: 0

      There's also gaytardar which detects Peter Thiel.

    5. Re: Tardar Sauce? by Anonymous Coward · · Score: 1

      And of course, "retarded" was originally a euphemism for "stupid". What could be more genteel than the Latin word for "slow"? Yet if she'd named her cat "stupid", nobody would have objected.

    6. Re:Tardar Sauce? by Anonymous Coward · · Score: 0

      Tardar sauce tasteless? I guess I'll just never understand political correctness...

    7. Re:Tardar Sauce? by SuricouRaven · · Score: 1

      It's a tasteless joke. The cat was named reference to its deformity. Feline dwarfism, one of those genetic things that plagues purebreds. Once it became famous the owners wisely avoided using the name, and now use Grumpy Cat in public.

    8. Re: Tardar Sauce? by Anonymous Coward · · Score: 0

      It is the euphemism, offensive term cycle.

      1) a Term is deemed offensive
      2) an euphemism is used to replace it
      3) time passes
      4) new euphemistic term is deemed offensive
      5) goto 2

  13. I have half that amount of money by Anonymous Coward · · Score: 0

    I have about $360k in the bank.

    The main difference is that I fucking worked my ass off for 22 years for it, by saving $10k/year and rolling interest and stocks into it.

    1. Re:I have half that amount of money by Anonymous Coward · · Score: 0

      I have about $360k in the bank.

      The main difference is that I fucking worked my ass off for 22 years for it, by saving $10k/year and rolling interest and stocks into it.

      Obviously you aren't as smart as the cat's owner is. Work smarter, not harder.

  14. Slippery slope by Anonymous Coward · · Score: 0

    First the blacks, then women, and now this shit?

  15. Well as long by Bender+Unit+22 · · Score: 1

    It don’t touches my sphaget!

  16. The Punchline by MrKaos · · Score: 1

    Corporations have human rights. They have the right to donate as much money as they want to politicians to shape policy. There is very little doubt this is tax deductible, you tax dollars paying to undermine democracy.

    That's why the cat is so damn grumpy.

    --
    My ism, it's full of beliefs.
  17. Re:"copyright" by Anonymous Coward · · Score: 0

    is that the coin that can be used on either the homocoin or heterocoin blockchains?

  18. reading comprehension? by aepervius · · Score: 1

    No, the initial name was "tard" as in "retard" but later was changed to "tardar sauce" due to people raising eyebrow at the initial name. Frankly I am betting that's just for documentation and get ride of pestering idiot, and the cat is/was still called tard privately.

    --
    C. Sagan : A demon haunted world:
    http://www.amazon.com/gp/product/0345409469/
    visit randi.org
  19. Fuck this planet. by SuricouRaven · · Score: 1

    A picture of a cat with a genetic deformity caused by generations of purebred inbreeding is worth more than most people will earn in a lifetime.

    Bring on the meteor. There is no intelligent life here.

    1. Re:Fuck this planet. by Anonymous Coward · · Score: 0

      And yet you read it, knew about it, and commented on it. You are the problem.

    2. Re: Fuck this planet. by Anonymous Coward · · Score: 0

      "Worth more than most people will earn in a lifetime."
      There are tons of stupid things that fall into this category. Here's an idea, make a song bemoaning how stupid this is and maybe you'll be famous too. ....Oh wait Dire Straits already did it ...but no millennials will have heard of them, may still work!

  20. Copyright? by Anonymous Coward · · Score: 0

    Surely trademark?

  21. Best genius by OrangeTide · · Score: 1

    Lottery winners have a great work-payout ratio, they are smarter.
    Actually being born with money makes you the smartest, like a really stable genius.

    --
    “Common sense is not so common.” — Voltaire
  22. Grump Cat by Anonymous Coward · · Score: 0

    paradox now, does this make Grumpy Cat happy?

  23. The first verdict ever? by Deathlok's+Bear · · Score: 1

    Keyboard Cat and Nyan Cat would beg to disagree.

    http://nymag.com/daily/intelli...

    I suppose one could argue that the above was not a "verdict" since both parties "reached an agreement", but I'd still argue that standard copyright/trademark protection isn't anything new in the world of memes.

  24. Not new by XSportSeeker · · Score: 1

    Lawsuits like that are nothing new, plenty of other meme-related owners or authors have been involved in successful lawsuits.
    But the Grumpy Cat case is certainly an exception ammong viral memes... a brand, full blown company with big celebrity-like apparatus was built quickly after initial explosive success. Can't blame them for doing so, they took the opportunity and went with it.
    Most memes don't exploit this as well as they did.