Tesla and Warner Bros. scored a partial legal victory as a federal judge dismissed several claims in a lawsuit filed by Alcon Entertainment, a production company behind the 2017 sci-fi movie Blade Runner 2049, Reuters reports.
The lawsuit accused the two companies of using imagery from the film to promote Tesla’s autonomous Cybercab vehicle at an event (1) hosted by Tesla CEO Elon Musk at Warner Bros. Discovery (WBD) Studios in Hollywood in October of last year.
U.S. District Judge George Wu indicated he was inclined to dismiss Alcon’s allegations that Tesla and Warner Bros. violated trademark law, according to Reuters (2). Specifically, the judge said Musk only referenced the original Blade Runner movie at the event, and noted that Tesla and Alcon are not competitors.
“Tesla and Musk are looking to sell cars,” Reuters quoted Wu as saying. “Plaintiff is plainly not in that line of business.”
Wu also dismissed most of Alcon’s claims against Warner Bros., the distributor of the Blade Runner franchise.
However, the judge allowed Alcon to continue its copyright infringement claims against Tesla for its alleged use of AI-generated images mimicking scenes from Blade Runner 2049 without permission.
Alcan says that just hours before the Cybercab event, it had turned down (3) a request from Tesla and WBD to use “an icononic still image” from the movie.
In the lawsuit (4), Alcon explained its decision by saying that “any prudent brand considering any Tesla partnership has to take Musk’s massively amplified, highly politicized, capricious and arbitrary behavior, which sometimes veers into hate speech, into account.”
Alcon further said it did not want Blade Runner 2049 “to be affiliated with Musk, Tesla, or any Musk company, for all of these reasons.”
But according to Alcon, Tesla went ahead with feeding images from Blade Runner 2049 into an AI image generator to yield a still image that appeared on screen for 10 seconds during the Cybercab event. With the image featured in the background, Musk directly referenced Blade Runner.
Alcon also said that Musk’s reference to Blade Runner 2049 was not a coincidence as the movie features a “strikingly designed, artificially intelligent, fully autonomous car.”