Issue No. 073
November 4, 2026
New York
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The IP Briefing · by ESCA Legal
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| The New York Times sued Brave Software in federal court on November 2, alleging that Brave copied Times journalism for its search index and AI answers, sold access to that index, and offered a browser feature that bypasses Times paywalls. The complaint seeks damages and an injunction. As of November 4, no court has ruled on any claim. |
| § | The complaint alleges Ask Brave often includes verbatim text from and detailed summaries of Times articles. | | § | The Times alleges Brave sells index access to AI companies and that Paywall blocker gives users paywalled Times articles. | | § | The Times seeks statutory and actual damages, restitution of profits, a permanent injunction, costs and attorneys' fees. |
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| Continue reading → |
| § ESCA Takeaway |
| The copyright claims address copying for search and AI answers. The paywall claim asks whether Paywall blocker gets around a measure controlling access to copyrighted work, without requiring proof of infringement. |
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| More IP Stories |
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| § Trademark · Filed |
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| On November 2, Mondelez filed a federal trademark complaint against Joyride over its Sour Smacks candy. The complaint alleges that Joyride's 2025 redesign copied the Sour Patch Kids mascot, yellow-and-green packaging and kid-shaped candy, and it seeks an injunction and damages. As of November 4, no court has decided whether Joyride infringed. |
| § | The complaint says Joyride renamed Sour Fruit Gummies as Sour Smacks in 2025 after selling them in packaging distinct from Sour Patch Kids. | | § | Mondelez alleges the candies are often sold on the same shelf and claims actual consumer confusion. | | § | Mondelez seeks a permanent injunction, destruction of accused goods and materials, Joyride's profits, damages, attorneys' fees and punitive damages under state law. |
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Why it matters
Infringement asks whether the products' mascots, packaging and candy shapes create a likelihood of consumer confusion. The separate dilution claim asks whether the Sour Patch Kids mascot has the general-public fame Mondelez alleges, without requiring confusion.
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| Continue reading → |
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| § Copyright · Pending |
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| On October 30, a federal court denied Runway's bid to dismiss a proposed class action by YouTube creators Random Golf Club and Businessing. The creators allege Runway bypassed YouTube's protections to scrape their videos and train its AI models, violating the Digital Millennium Copyright Act's anti-circumvention provision. As of November 4, no court has decided whether Runway is liable. |
| § | The court held that the creators plausibly alleged YouTube's measures control access to publicly viewable videos. | | § | It held that creators need not install the measures themselves if they authorized YouTube to deploy them. | | § | The creators seek statutory damages and equitable relief. |
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Why it matters
The ruling addresses whether measures on free-to-watch videos count as access controls under section 1201, even if they also limit copying. It also addresses whether creators can rely on measures YouTube deploys for them.
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| § Copyright · Update |
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| On October 30, the Copyright Office Review Board affirmed refusals to register two UPS artworks: a shield titled 3D Eyebrow Design and a version with ups lettering titled 3D Eyebrow Design (Lettered). The Board found their shapes, shading and lettering lacked the original creativity required for registration. Its decision is final agency action. |
| § | The shield has a brown outline, golden border and brown interior with gradient shading. | | § | UPS argued the shading resembled sunlight glinting on a metal shield. | | § | The Board found the shapes familiar, the gradient standard, and the lettering unprotectable. | | § | As of November 4, no court has ruled on the decision. |
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Why it matters
For copyright registration, the Board assessed the artwork's appearance, not its symbolic meaning or the range of choices available to its creator.
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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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