Updates April 7 story with additional information on court order in paragraph 3, Alcon comment in paragraph 4
By Blake Brittain
April 7 (Reuters) - Tesla TSLA.O and Warner Bros. Discovery WBD.O won a ruling on Monday dismissing some claims by movie studio Alcon Entertainment over their alleged misuse of imagery from the film "Blade Runner 2049" to promote Tesla's autonomous cybercab.
U.S. District Judge George Wu in Los Angeles said in a preliminary ruling before a Monday hearing that he was inclined to dismiss allegations that Tesla and Warner Bros. violated Alcon's rights under U.S. trademark law, while allowing Alcon to continue pressing claims that Tesla infringed its copyright in the movie.
Wu adopted the ruling and ordered the case to mediation later on Monday, according to a court document.
Alcon said in a statement that it "hopes that the defendants will take to heart the Court's strong suggestion that it would be much more efficient to talk with Alcon about how the case might be settled than continuing to refuse to do so."
Attorneys and spokespeople for Tesla and Warner Bros. did not immediately respond to requests for comment on Monday.
Warner Bros. distributed "Blade Runner 2049," the 2017 sequel to the 1982 cult classic sci-fi movie "Blade Runner." Alcon said it refused a request from Warner Bros. to use images from the film for the unveiling of Tesla’s new cybercab last year.
Alcon sued Tesla and Warner Bros. in October, alleging Tesla used AI-generated images mimicking the film to promote the cybercab at the unveiling. It accused Tesla and Warner Bros of infringing its copyrights and violating U.S. trademark law by falsely suggesting that Alcon endorsed the event.
Wu said in his tentative ruling that he would dismiss Alcon's trademark claims. The judge said Tesla CEO Elon Musk only referenced the original "Blade Runner" at the event and noted that Tesla and Alcon are not competitors.
"Tesla and Musk are looking to sell cars," Wu said. "Plaintiff is plainly not in that line of business."
Wu also said he would allow Alcon's claim that Tesla misused its copyrighted work to continue.
The judge dismissed most of Alcon's claims against Warner Bros.
The case is Alcon Entertainment LLC v. Tesla Inc, U.S. District Court for the Central District of California, No. 2:24-cv-09033.
For Alcon: Edward Anderson and Regina Yeh of Anderson Yeh
For Tesla and Warner Bros: Kristen McCallion, John Goetz, Christopher Marchese, Vivian Cheng and Matthew Colvin of Fish & Richardson
Read more:
'Blade Runner 2049' producer sues Tesla, Warner Bros over AI images
(Reporting by Blake Brittain in Washington)
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