California Court Dismisses Class Action Against Google Over AI Training Data; EU Court Revokes McDonald’s Big Mac Trademark for Chicken Products

A California district court dismissed a proposed class action lawsuit on June 6, 2024, that accused Google of misusing copyrighted data to train its generative AI chatbot Bard. The judge referenced concerns raised in a similar case against Microsoft and OpenAI, noting overlapping plaintiffs and legal issues. The lawsuit alleged that Google used data from social media and its own platforms without authorization for AI training purposes.

On June 5, 2024, the European Court of Justice (ECJ) ruled in favor of Irish fast food chain Supermac’s by revoking McDonald’s Big Mac trademark protection in the European Union concerning poultry products. The EU Intellectual Property Office (EUIPO) had partially upheld McDonald’s mark, but the ECJ annulled that decision, stating that McDonald’s failed to provide sufficient evidence of trademark use related to chicken sandwiches. The ECJ emphasized the lack of indication regarding the extent of use of the Big Mac mark for those goods.

The National Academy of Inventors (NAI) announced its annual Top 100 U.S. Universities Granted Utility Patents for 2023 on June 3. The University of California system ranked first, followed by the Massachusetts Institute of Technology and the University of Texas system. Paul R. Sanberg, FNAI and President of the NAI, highlighted the importance of intellectual property protection in maintaining U.S. competitiveness within the global innovation ecosystem. The rankings are based on calendar year patent data from the U.S. Patent and Trademark Office (USPTO).

Also on June 3, the World Health Organization (WHO) published a report based on a global survey and plan of action addressing health, innovation, and intellectual property. The report discussed challenges related to the TRIPS Agreement, noting that 40% of surveyed countries indicated their national laws did not benefit from TRIPS flexibilities. Article 27 of TRIPS, which covers patentable subject matter, was the most frequently utilized provision in national legislation. The full WHO report is publicly accessible.

In response to increasing legal challenges surrounding generative artificial intelligence, the lobbying group Chamber of Progress launched a campaign named Generate and Create on June 6. The initiative aims to counteract growing copyright infringement lawsuits and policy threats targeting generative AI technologies. The campaign will provide legal and policy advocacy alongside a public relations effort to support AI innovation.

On June 5, film studio A24 and the American Automobile Association (AAA) resolved a trademark dispute concerning A24’s AAA24 discount program, which AAA alleged infringed its trademark. The case was dismissed with prejudice, preventing refiling.

The Mechanical Licensing Collective (MLC) expanded its Distributor Unmatched Recordings Portal on June 3, now encompassing 2.8 million sound recordings. This expansion supports independent musicians and rights holders in securing mechanical royalties. Singer-songwriter Kyle Hume praised the MLC for helping him recover previously unclaimed royalties.

Further fostering international cooperation, the USPTO and the UK Intellectual Property Office signed a memorandum of understanding on June 3 to collaborate on standard essential patents (SEPs). USPTO Director Kathi Vidal emphasized the partnership’s role in creating a balanced SEP ecosystem benefiting businesses, including small and medium-sized enterprises.

In market news, chipmaker Nvidia surpassed Apple on June 5 to become the world’s second most valuable company with a $3 trillion market capitalization. Nvidia’s growth is attributed to its leadership in AI chip technology and robust financial performance.

On June 4, a group of former and current employees from OpenAI and Google DeepMind issued an open letter calling for greater transparency in the AI industry and protections for whistleblowers. The letter urged regulatory intervention to mitigate risks such as inequality, misinformation, and loss of control over autonomous AI systems.

These developments reflect ongoing legal, technological, and policy dynamics shaping the intersection of intellectual property and innovation globally.