Issue No. 036
August 3, 2026
New York
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The IP Briefing · by ESCA Legal
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| Disney and James Cameron moved to dismiss Q'orianka Kilcher's lawsuit alleging that her likeness was used without permission in the design of Avatar character Neytiri. |
| § | The motion argues that Neytiri's final appearance reflects Zoe Saldana's appearance and performance rather than Kilcher's facial features. | | § | The defendants also argue that the claims are untimely because the original Avatar film was released in 2009. | | § | Kilcher alleges that a photograph from her role in The New World influenced the character's design and supports her California right of publicity claims. | | § | The court has not ruled on the motion to dismiss. |
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| § ESCA Takeaway |
| This issue follows three different control points for creative identity: a digital character, a fashion label, and music used by an AI platform. Each dispute turns on how established rights apply when an asset moves into a new commercial setting. |
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| More IP Stories |
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| § Trademark · Filed |
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| CBParis Group Limited, the company behind fashion label Casablanca, filed a federal trademark case against online businesses identified on a Schedule A list. |
| § | The complaint was filed on July 31 in the U.S. District Court for the Northern District of Illinois. | | § | The named defendants are partnerships identified in a schedule attached to the case. | | § | The docket classifies the action as a trademark dispute. | | § | The case is at the complaint stage, and no merits ruling has been entered. |
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Why it matters
Grouped online seller cases remain an active enforcement route for fashion labels. The filing shows how a brand can bring a single federal action against multiple online businesses tied to the same asserted rights.
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| § Copyright · Filed |
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| A Munich court ruled that U.S.-based AI music company Suno violated copyrights in a case brought by German collecting society GEMA and ordered the company to disclose revenue and pay damages that have not yet been quantified. |
| § | GEMA alleged that Suno used protected compositions without licenses or compensation and reproduced recognizable elements in generated tracks. | | § | The case included tests involving songs such as Forever Young, Mambo No. 5, and Daddy Cool. | | § | Suno argued that its model training occurred in the United States and challenged the German court's jurisdiction over those activities. | | § | Suno disagreed with the ruling and said it is evaluating its options, including an appeal. |
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Why it matters
The ruling connects a U.S. AI platform with foreign copyright enforcement over both training material and generated music. It places licensing, output similarity, and cross-border jurisdiction in one dispute.
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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