What was filed
The complaint is Document 1 in No. 1:26-cv-09067, U.S. District Court for the Southern District of New York, filed October 15, 2026 (8 pages). The plaintiffs are Elmer Saflor, an individual artist and graphic designer who resides in the Philippines, and Nicholas Gurewitch, an individual artist and graphic designer who resides in New York. The defendant is Scytale AI, Inc., a Delaware corporation that the complaint, on information and belief, describes as a software and technology company providing corporate security, risk management, and privacy services, with headquarters in New York, New York. Counsel for the plaintiffs is Kleinman Law LLC of South Orange, New Jersey. The plaintiffs demand a jury trial. (Compl. paras. 3 to 8; pp. 1 to 2, 8.)
What the complaint alleges
The complaint alleges that Saflor, also known as "Superelmer," created a two-panel webcomic titled Running Away Balloon in or about April 2017 and first published it on his Facebook account, and that Gurewitch created a four-panel webcomic titled Quiz Kid (Note Passing) in 2016 and first published it on The Perry Bible Fellowship website, the online comic series he created and manages. It alleges both works became popular online memes, copied, altered, and shared non-commercially tens of thousands of times, largely without the artists' permission, and that both are available for licensing through Artnerra and its affiliate MemeLicensing.com, which it describes as a Germany-based agency that licenses online memes. (Compl. paras. 12 to 16; pp. 3 to 4.)
On information and belief, the complaint alleges that Scytale copied and published the two works in paid LinkedIn advertisements distributed to hundreds of thousands of users, and it reproduces screen captures of one ad featuring a derivative version of each work. It alleges Scytale never sought or received a license, that plaintiffs' counsel notified Scytale by email and letter on or about September 22 and September 30, 2026, that Scytale did not respond, and that the version using the Saflor work remains available in Scytale's LinkedIn Ad Library. It says the full scope of the uses is not yet known. (Compl. paras. 17 to 23; pp. 4 to 6.)
Count and relief
The single count is copyright infringement of the plaintiffs' exclusive rights under section 106 of the Copyright Act, 17 U.S.C. 106. It identifies Registration No. VA 2-397-201 for the Saflor work and Registration No. VA 2-519-253 for the Gurewitch work, and it alleges the infringement was willful, intentional, or reckless, citing Scytale's experience with third-party intellectual property licensing and the ad that stayed up after notice. The prayer asks for a permanent injunction, delivery of copies for destruction, statutory or actual damages including lost licensing revenue and Scytale's profits, and costs and attorneys' fees. (Compl. paras. 24 to 33 and prayer; pp. 6 to 8.)