The creators of the popular Cartoon Network show “Annoying Orange” are facing a lawsuit from a North Dakota advertising agency, according to the Associated Press.
H2M, a Fargo-based advertising and marketing agency, is suing creators Dane Boedigheimer and Spencer Grove for allegedly copying a state marketing campaign.
The lawsuit, which was filed in U.S. District Court in North Dakota on Monday, says the two copied a character—The Talking Orange—from television commercials for the North Dakota Department of Transportation. The commercials were on television from 2005 to 2010. The suit includes Annoying Orange LLC and Annoying Orange Inc.
"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 reads.
The Talking Orange is a regular orange with the mouth of a human. According to the lawsuit, the orange has a "snotty, annoying and slightly obnoxious" voice which translates to an annoying and disparaging manner.
"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," the lawsuit states.
According to the lawsuit, both Boedigheimer and Grove grew up in North Dakota and went to college at Minnesota State Uniersity Moorhead (the commercial was also shown in parts of Minnesota). The two also have families that live in North Dakota and western Minnesota.
H2M wants damages, an injunction that would prevent the Boedigheimer and Grove from making money off of the character, and attorney’s fees.
A representative for Boedigheimer and the show’s producers said no comment could be offered on present legal matters. A Cartoon Network spokeswoman also declined comment.
© 2025 HNGN, All rights reserved. Do not reproduce without permission.
