Comic Figure Of A Cat Protected By Copyright?

OLG Frankfurt, judgement of 13.02.2025 - 11 U 10/23

On the question of whether a stylised comic drawing ("Cat-NÖ") enjoys copyright protection and whether its almost identical commercial use by third parties constitutes an infringement of copyright.

Initial situation

The plaintiff, a full-time professional illustrator, created a comic drawing of a cat lying from behind with its paw raised and its "middle finger" outstretched, known as "Katze NÖ". This illustration was offered online via a print-on-demand platform (Spreadshirt). The defendants used a very similar drawing on various products (e.g. mugs, doormats), also for commercial purposes. The plaintiff accused the defendants of having plagiarised her copyrighted work, whereupon she asserted claims for injunctive relief, information, damages and destruction.