Invisible Narratives v. Next Level Apps Technology - FZCO

Background

Invisible Narratives asserted federal copyright claims against Next Level under the Copyright Act, including a claim under the Digital Millennium Copyright Act (DMCA) for false copyright notifications. It also asserted claims under the Lanham Act and the Declaratory Judgment Act. The complaint was filed on February 14, 2025, and Invisible Narratives sought emergency relief on February 18.

The declarations submitted by Invisible Narratives stated that Alexey Gerasimov created the Skibidi Toilet animated series and assigned the series’ copyright and trademark rights and associated goodwill to Invisible Narratives on October 12, 2023. Invisible Narratives stated that it owned copyrights for certain characters and used the Skibidi Toilet trademark on its YouTube channel, the DaFuq!?Boom! channel.

The opinion states that Next Level is organized as a Free Zone Company under United Arab Emirates law. Invisible Narratives alleged that Next Level obtained copyright registrations, filed trademark applications, registered the skibiditoilet.com domain, released applications using the Skibidi Toilet name, and sent DMCA takedown notices to YouTube. YouTube disabled access to Season 25, causing Invisible Narratives to lose advertising revenue, and placed a copyright strike on the channel. Next Level also warned that it planned to submit another takedown notice.

Legal standard

A temporary restraining order (TRO) is emergency relief. A court may issue one without notifying the opposing party only when specific evidence shows that immediate and irreparable harm will occur before the opposing party can respond, and the applicant’s attorney explains in writing why notice should not be required. The court applied the same four-factor standard used for a preliminary injunction: likely success on the merits, likely irreparable harm without relief, the balance of hardships, and the public interest.

Court’s analysis

The court focused on Invisible Narratives’ DMCA false-notification claim. That claim requires proof that the defendant knowingly and materially misrepresented that infringement occurred, a service provider removed or disabled access to the material, and the plaintiff was injured as a result. The court found that Invisible Narratives had shown a likelihood of success because its evidence indicated that Next Level was not the original creator or lawful copyright owner, YouTube disabled access to Season 25 after receiving Next Level’s notice, and Invisible Narratives lost advertising revenue.

The court also found likely irreparable harm because another takedown notice could lead YouTube to disable the Boom Channel or restrict Skibidi Toilet content, causing additional lost advertising revenue and possible loss of goodwill and reputation. The balance of hardships favored Invisible Narratives because, on the record before the court, Next Level appeared to have no legitimate interest in the disputed intellectual property. The court also found that the public interest favored preventing misuse of copyright and trademark laws, including the DMCA.

Security and service

The court exercised its discretion not to require Invisible Narratives to post a bond or other security. It found no realistic likelihood that Next Level would be harmed by an order barring conduct that Next Level had no right to undertake, according to the court’s assessment of the record.

Because the application was urgent and Next Level had communicated with Invisible Narratives and third parties through email, the court allowed alternative service under Federal Rule of Civil Procedure 4(f)(3). Invisible Narratives was required to serve Next Level through email addresses listed in the complaint or exhibits, followed by Federal Express delivery to an address listed in Next Level’s copyright applications or exhibits, and to file proof of service by February 22, 2025.

Order

The court granted Invisible Narratives’ ex parte application for a TRO. Without requiring security, the order barred Next Level from directly or indirectly removing or disabling access to material on the Boom Channel, including through DMCA takedown notices, and required earlier such actions to be retracted and canceled. It also barred Next Level from releasing or distributing specified Skibidi Toilet applications; using the identified website or social-media accounts in connection with Skibidi Toilet videos or applications; using the SKIBIDI TOILET mark in specified advertising or marketing; applying for trademarks or trademark registrations containing the phrase “Skibidi Toilet”; infringing the mark; or helping others engage in those activities.

The court separately granted the request for alternative service, ordered Next Level to show cause in writing by February 26, 2025, why a preliminary injunction should not issue, and set a preliminary-injunction hearing for March 3, 2025, at 11:00 a.m.