An Ad Agency Is Suing Cartoon Network For Allegedly Stealing This 'Annoying Orange' Character

Business Insider

A

View gallery

.
annoying orange cartoon network

Cartoon Network

Cartoon Network's "Annoying Orange."

North Dakota advertising agency is suing the creators of a Cartoon Network show, alleging that they copied a state marketing campaign.

H2M, a Fargo-based advertising and marketing agency, filed the lawsuit against Dane Boedigheimer and Spencer Grove in U.S. District Court in North Dakota on Monday. Boedigheimer and Grove are the creators of the animated series "Annoying Orange."

H2M alleges Boedigheimer and Grove ripped off a copyrighted character called The Talking Orange that was created for television commercials for the North Dakota Department of Transportation. The commercials aired in North Dakota and western Minnesota from 2005 to 2010. The lawsuit also names Annoying Orange LLC and Annoying Orange Inc., both based in California.

View gallery

.
north dakota talking orange

YouTube

North Dakota Department of Transportation's "Talking Orange."

"Defendants Dane Boedigheimer and Spencer Grove were raised, resided, educated, attended film school, were employed and first obtained access to 'The Talking Orange' in North Dakota and western Minnesota — the same area where Plaintiff H2M's 'The Talking Orange' and its derivatives, were widely disseminated on cable television," the suit states.

The Talking Orange is comprised of an inanimate orange that has a superimposed mouth with lips, tongue and teeth. An actor's mouth speaking the character's part is composited onto the orange. It has a "snotty, annoying and slightly obnoxious" voice, which gives it an abrasive and abusive persona, the lawsuit stated.

"Like 'The Talking Orange,' 'Annoying Orange' appears to be speaking with a 'voice' that is perfectly in sync with the movement of the actor's mouth, lips, teeth and tongue," according to the lawsuit.

Boedigheimer and Grove are both North Dakota natives and attended college at Minnesota State University-Moorhead before relocating to California, the lawsuit said. Both still have family members in North Dakota and western Minnesota.

H2M is seeking damages, an injunction prohibiting Boedigheimer and Grove from profiting off their product, and attorneys' fees.

A representative of Boedigheimer and the producers of the show said she could not comment on current litigation. A spokeswoman for Cartoon Network also said the channel had no comment.

---

Follow Kristi Eaton on Twitter at http://twitter.com/kristieaton .

Copyright (2013) Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.



More From Business Insider

Rates

View Comments (5)