Elmer Saflor has filed a copyright lawsuit accusing Memes App of offering his viral ‘Running Away Balloon’ comic as a paid template without authorization. The case was filed July 1 in the U.S. District Court for the Central District of California.
According to the complaint, Saflor is a Philippines-based digital artist and the creator of the two-panel comic featuring his character Superelmer. The filing says the artwork was registered with the U.S. Copyright Office on March 21, 2024, under registration number VA 2-397-201.
The complaint alleges Memes App made the artwork available through its AI-powered meme tools, including Memes.ai and Memes AI Studio, in a template library for paying users. The reported subscription range is $40 to $199 per month, with the service described as being marketed toward brands, agencies, and marketers creating commercial content.
Saflor is seeking a permanent injunction, damages, disgorgement of profits, attorneys’ fees, and other relief. The allegations have not been adjudicated, but the dispute adds to a growing legal conversation around whether viral meme formats can be commercially reused by AI and marketing platforms without the original creator’s consent.
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