AI Meme App Memes.ai Sued Over Viral ‘Running Away Balloon’ Comic Template

An AI-powered meme creation service is facing a federal lawsuit over claims it commercialized a well-known internet comic without the creator’s consent. As Dexerto reports, digital artist Elmer Saflor filed suit against Memes App, the company behind Memes.ai and Memes AI Studio, alleging that his viral “Running Away Balloon” comic was reproduced and sold as a paid template to subscribers.

A viral meme turned into a paid template

According to the complaint, filed July 1 in the United States District Court for the Central District of California, Saflor is a Philippines-based digital artist and the creator of “Running Away Balloon,” a two-panel comic featuring his original character Superelmer. Dexerto notes the artwork has become a widely used reaction meme across the internet and was officially registered with the US Copyright Office on March 21, 2024, under registration number VA 2-397-201.

The lawsuit alleges that Memes App included the comic in its library of templates offered to paying subscribers on Memes.ai and Memes AI Studio. Court documents cited by Dexerto state the platform’s subscription plans range from $40 to $199 per month and are marketed to brands, agencies, and marketers looking to build commercial advertisements using popular meme formats.

Per the complaint, subscribers could reportedly search for “Running Away Balloon” by name within the platform and use it to generate ads and other commercial material featuring Saflor’s artwork.

Artist says he never granted a license

Saflor states in the filing that 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,” according to Dexerto’s review of the court documents.

The lawsuit further claims that Memes App encouraged users to generate and distribute derivative versions of the comic for commercial purposes, generating subscription revenue and driving additional traffic to the platform in the process.

Saflor is seeking a permanent injunction to stop Memes App from using the artwork going forward, alongside actual damages, statutory damages tied to alleged willful copyright infringement, disgorgement of profits, attorneys’ fees, and any additional relief the court deems appropriate.

Part of a wider fight over meme ownership

Dexerto frames the case as the latest in a string of disputes over who controls rights to viral internet content in the AI era. The outlet points to the ongoing legal battle over the brainrot character Tung Tung Sahur as another example of creators and companies clashing over ownership of online characters and formats.

Unlike that dispute, which centers on an AI-generated character, Saflor’s case involves a traditionally copyrighted piece of art, with the lawsuit arguing that AI meme platforms cannot legally profit from viral templates without securing permission from the original creator first.

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