What the two sides are asking the court to decide
Spyder Games and Speedy Simulator Gaming want declarations that Mementum Lab's claimed rights in Tung Tung Sahur are invalid. Mementum has answered with trademark-infringement and unfair-competition counterclaims. The dispute is commercially concrete because the character appears in the Roblox game Steal a Brainrot and Mementum says it has licensing arrangements that include Fortnite. The filings therefore concern who can authorize uses and collect value, not merely who first reposted a meme.
Why AI does not produce a simple answer
Counsel for the game companies argues that the Italian Brainrot characters are fully AI-generated and free for anyone to use. Mementum's counsel says businesses should not commercialize AI-assisted work without creator permission or compensation. Those are advocacy positions. Copyright may turn on provable human authorship, while trademark and unfair-competition claims can involve source identification and marketplace conduct. A finding about one theory would not automatically answer every other ownership or licensing question.
What the September hearing can and cannot establish
Mementum filed a motion to dismiss on August 19 after amended claims and counterclaims on July 30. The September 23 hearing before a federal judge in San Jose can change which claims and parties remain, including jurisdiction questions, but it may not produce a final ruling on protectability or infringement. Trial is currently scheduled for November 29, 2027. Until orders are issued, fans, developers and licensors should read every ownership claim as contested rather than as a court-approved rule for AI characters.