SAN JOSE: Spyder Games LLC and Speedy Simulator Gaming LLC are challenging Mementum Lab’s rights to Tung Tung Tung Sahur in California. They argue the artificial intelligence (AI)-generated character lacks sufficient human authorship.
The companies own Do Big Studios, which used the character in its Roblox game “Steal a Brainrot”. Their lawsuit is before the United States District Court for the Northern District of California.
However, Mementum has countersued for trademark infringement. The French agency represents Noxa, an Indonesian teenager who created the character in 2025 using OpenAI’s image-generation tool.
“Our client is pursuing a global strategy on all of this,” Mementum lawyer Steven Stein told the Guardian. He described an effort to protect the work through intellectual property law.
Known as Triple T, the character resembles a kentongan, a drum used to wake Muslims for their pre-dawn Ramadan meal.
After receiving a cease-and-desist letter in September 2025, the developers tried to negotiate before suing. Mementum also secured a takedown through the European Union’s Digital Services Act.
Meanwhile, developers’ lawyer Aaron Moss argues that brief prompts and selecting an output do not establish human authorship.
He accepts that meaningful creative choices can qualify for protection. Documents Mementum filed in a separate French trademark dispute describe seven prompts entered over 15 minutes.
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The United States Copyright Office’s 2025 guidance excludes purely AI-generated material but allows protection for human-authored elements. It assesses those contributions on a case-by-case basis.
Under District Judge Noël Wise’s May 15 scheduling order, trial is set for November 8, 2027. Two game companies are challenging Mementum Lab’s rights to Tung Tung Tung Sahur, while the agency pursues trademark infringement claims.
