Getty Images has now filed a lawsuit for copyright infringement in the United States.
The Getty Images litigation is one of the first I began tracking back in 2023. (See Does AI Infringe Copyright?) The complaint in Getty Images v. Stability AI, which has been filed in federal district court in Delaware, alleges claims of: copyright infringement; providing false copyright management information; removal or alteration of copyright management information; trademark infringement; trademark dilution; unfair competition; and deceptive trade practices. Both monetary damages and injunctive relief are being sought.
An interesting twist in the Getty Images litigation is that AI-generated works allegedly have included the Getty Images trademark.
(Reproduction of a portion of the Complaint filed in Getty Images v. Stability AI, Inc. in U.S. district court for the district of Delaware, case no. Case 1:23-cv-00135-UNA (2023). The image has been cropped to avoid reproducing the likenesses of persons appearing in the image and to display only what is needed here for purposes of news reporting and commentary.)
Getty Images, which is in the business of collecting and licensing quality images, alleges (among other things) that affixing its trademark to poor-quality AI-generated images tarnishes the company’s reputation. If proven, this could constitute trademark dilution, which is prohibited by the Lanham Act.
Thomas James (also known as Tom james) is an attorney located in Cokato, Minnesota (USA) with over thirty years of experience as a sole practitioner. His practice is focused on trademark and copyright registration and protection, small business and nonprofit organization formation, and applications for 501(c) tax-exempt status. Also an author and continuing legal education course developer and instructor. Admitted to the bar of Minnesota, the Federal Circuit Court of Appeals, and the United States Supreme Court. Also authorized to represent clients before the Copyright Office, the Copyrigh Claims Board, the USPTO (Trademark Office), and the Trademark Trials and Appeals Board. For information about legal representation regarding trademarks, copyrights, or busines law, visit the Law Office of Thomas James, https://tomjameslaw.com. View all posts by Thomas James
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