Elmer Saflor
Digital meme creation platform Memes App has been sued for allegedly using the viral ‘Running Away Balloon’ comic without permission, with creator Elmer Saflor accusing the company of copyright infringement.
The lawsuit was filed on July 1 in the United States District Court for the Central District of California. Saflor claims Memes App reproduced and offered his artwork as a commercial meme template despite never receiving permission or a license to use it.
According to the complaint, Saflor is a digital artist based in the Philippines and the creator of the ‘Running Away Balloon’ comic, a two-panel illustration featuring his original character Superelmer.
The artwork has become a widely recognized reaction meme online and was registered with the US Copyright Office on March 21, 2024, under registration number VA 2-397-201.
Meme app accused of using copyrighted comic as commercial template
The complaint alleges that Memes App, which operates the AI-powered meme creation platforms Memes.ai and Memes AI Studio, included ‘Running Away Balloon’ in its library of templates available to paying subscribers.
Court documents state the company offers subscription plans ranging from $40 to $199 per month and markets the service to brands, agencies, and marketers for creating commercial advertisements using meme formats.
According to the lawsuit, users could search for the template by name and use the artwork to generate advertisements and other commercial content.
Courtlistener
Saflor alleges he “has never licensed, sold, authorized or in any way provided permission to Defendant to reproduce, distribute, publicly display, derivatize or otherwise make any use of Running Away Balloon.”
The complaint further claims the platform encourages users to create derivative versions of the comic and distribute them commercially, while generating revenue through subscriptions and increased traffic to its website.
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Saflor is seeking a permanent injunction preventing Memes App from using the artwork, along with actual damages, statutory damages for alleged willful copyright infringement, disgorgement of profits, attorneys’ fees, and other relief determined by the court.
The lawsuit is the latest dispute over ownership of viral internet content after brainrot character Tung Tung Sahur became the subject of a federal legal battle over who controls the rights to online memes and AI-era creations.
While that case focuses on ownership of AI-generated characters, Saflor’s lawsuit centers on a traditionally copyrighted work, arguing that companies cannot commercially profit from viral meme templates without the creator’s permission.
