'Skibidi Toilet' studio battles for ownership of its multimillion-dollar IP

SAN JOSE, Calif. (CN) — A federal judge Monday held a hearing for what may be the strangest case to grace the federal docket in years — a battle over the rights to the viral YouTube series “Skibidi Toilet.”

U.S. District Judge Noel Wise indicated she would extend an existing temporary restraining order barring the defendant, Next Level Apps Technology, from submitting copyright claims against the plaintiff, Invisible Narratives, under the Digital Millennium Copyright Act for another 60 days* * based on an agreement between the parties. She made no mention of upgrading it to a preliminary injunction, which will now be addressed on the merits at a hearing rescheduled for May.

“The entire point of your request is to diminish harm. I’m going to assume the best of everyone and that they will comply,” the Joe Biden-appointed judge said.

Invisible Narratives, an entertainment company, claims that Dubai-based tech company Next Level is trying to steal ownership of its popular IP by gaming the trademark system. Among other accusations, it characterizes Next Level as experienced “professional scam artists” and “extortionists” who are using fraudulent trademark applications and the threat of DMCA takedowns of its videos as a way of extracting a settlement from them.

“Rather than pay such a ransom — one that has been shamelessly demanded through a campaign of extortion by email detailed below — Invisible Narratives brings this action to establish its legitimate rights in Skibidi Toilet once and for all and to hold Next Level to account for its unlawful conduct,” Invisible Narratives said in its lawsuit.

The entertainment company is seeking an injunction** restraining Next Level from reproducing, distributing, performing, or displaying Skibidi Toilet-related material, as well as up to $250,000 in damages.

Wise initially granted a temporary restraining order against Next Level in February 2025 prohibiting the tech company from submitting takedown notices to YouTube and from distributing its own materials that include the plaintiff’s purported copyrighted work.

Invisible Narratives argued in court to extend the temporary restraining order, claiming that Next Level was already out of compliance. Next Level, it argued, still maintains an official-looking website, apparently advertising a Skibidi Toilet video game based on the popular series. The company also argued that Next Level violated the order through new actions as well, like linking new “additional infringing websites” from their main site.

“The website should be taken down,” stated Attorney Ian Ballon of Greenberg Traurig, who represents Invisible Narratives.

Invisible Narratives added that if the infringing behavior continued, it would move to hold Next Level contempt in as little as “a few weeks.”

Next Level didn’t show up in the courtroom in person or via Zoom, but Invisible Narratives said it recently made contact with the company’s Ukraine-based lawyer via email.

The judge did not indicate when she would issue a ruling, but she set a follow-up hearing for May 7, 2025.

If any of this sounds like gibberish to you, don’t worry. You’re in good company.

Skibidi Toilet is a multimedia franchise started in February 2023 by YouTube animator Alexey Gerasimov that has drawn the adoration of Generation Alpha and garnered widespread media coverage from major outlets like The New York Times, Forbes, People, Rolling Stone, Business Insider, CNN, and Wired*.* Even if it makes no sense to older audiences, Skibidi Toilet-related videos online racked up over 65 billion views in 2023 alone.

The 3D-animated video series — which started as a nonsensical internet “shitpost” of a man’s head emerging from a toilet — has evolved into an ambitious, “Terminator”-style narrative about a ruined world, toilet-based invaders and a resistance movement of androids with cameras and speakers for heads. As silly as it sounds, critics have observed its success with younger audiences for its short-form storytelling in episodes as short as 30 seconds.

The property is hot, and businesses are cashing in on the Gen Alpha hype: Michael Bay is currently in talks to direct a movie adaptation of the series, $20-$30 action figures of the series’ characters are currently in Walmarts and Targets across the United States and Fortnite recently made a licensed skin for about $20.

Skibidi Toilet’s influence has already transcended the internet to bizarre results. In 2024, The Late Show with Stephen Colbert left audiences confusedafter an infamous political parody joke dubbed “Skibidi Biden” didn’t land with viewers at home.

Eric Goldman, a professor at the Santa Clara University School of Law, told Courthouse News that although its tempting to immediately adopt a “copyright-abuser” narrative, the public should wait to hear from Next Level before making a judgment.

“If Next Level has legitimate claims to the IP, then it makes complete sense why they’re trying to reclaim those rights back from someone who is financially benefiting from them,” the professor said.

However, he conceded if the defendant continues to no-show, a preliminary injunction is likely in the near future.

On its Skibidi Toilet website, Next Level claims that one of its members, app developer Sergey Osadchy, created Skibidi Toilet as a mobile game in early 2020. The website also claims it currently has over 100 people working on it.

“Despite all the challenges, I am confident in the success of my project. ‘Skibidi Toilet’ will be released soon, and I am confident that it will win the hearts of players worldwide,” reads a statement from Osadchy on the website.

Meanwhile, Invisible Narratives is digging in for its legal battle.

“Invisible Narratives is pleased that Next Level Apps has agreed to comply with the Court’s Temporary Restraining Order. We look forward to vigorously defending ownership of the Skibidi Toilet intellectual property,”  Ballon said in a statement.

The greatest tragedy, however, is that in a case with truly bizarre subject matter, the judge did not say the words “Skibidi Toilet” even once in open court.

The federal hearing was the first-ever for Wise since her confirmation by Biden in 2024. The judge appeared from her chambers via Zoom.

This case, filed in the Northern District of California, was heard at the Robert F. Peckham Federal Courthouse in San Jose, California.

Invisible Narratives is a digital studio founded by Adam Goodman, former head of Paramount Pictures and DreamWorks Studios, with blockbuster filmmaker Michael Bay acting as chief creative advisor.