Getty Images (US) Inc & Ors v Stability AI Limited

Getty Images (US) Inc & Ors v Stability AI Limited

Stability AI is liable for trade mark infringement under sections 10(1) and 10(2) TMA in respect of iStock watermarks generated by v1.x models (accessed via DreamStudio and/or Developer Platform) and Getty Images watermarks generated by v2.x models, as the synthetic watermarks constitute use of a sign in the course of trade, in relation to identical or similar goods/services, and cause a likelihood of confusion. However, there is no infringement under section 10(1) for Getty Images watermarks, nor under section 10(3) for any mark, due to lack of evidence of detriment or unfair advantage. No passing off is established. Stability AI is not liable for secondary copyright infringement under...

Parties
Claimant: Getty Images (US) Inc; Claimant: Getty Images International U.C.; Claimant: Getty Images (UK) Limited; Claimant: Getty Images Devco UK Limited; Claimant: iStockphoto LP; Claimant: Thomas M. Barwick, Inc; Defendant: Stability AI Limited
Jurisdiction
England and Wales
Judgment Date
11 April 2025
Procedural Posture
Intellectual Property (civil Claim) / First Trial on Liability
Outcome
Claim allowed in part; trade mark infringement established for certain models and marks; secondary copyright infringement and passing off dismissed; no additional damages awarded.
Legal Topics
AI and Copyright, Secondary Infringement, Trade Mark Infringement, Passing Off, Exclusive Licensing, Database Rights, Machine Learning Models, Digital Watermarking
Intellectual Property Copyright Trade Marks Passing Off Technology Law AI and Copyright Secondary Infringement Trade Mark Infringement +4 more

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Parties

Getty Images (US) Inc

Claimant

Getty Images International U.C.

Claimant

Getty Images (UK) Limited

Claimant

Getty Images Devco UK Limited

Claimant

iStockphoto LP

Claimant

Thomas M. Barwick, Inc

Claimant

Stability AI Limited

Defendant

Procedural Posture

Intellectual Property (civil Claim) / First Trial on Liability

Legal Issues

  1. 1 Whether Stability AI's Stable Diffusion models infringe Getty Images' UK trade marks under sections 10(1), 10(2), and 10(3) of the Trade Marks Act 1994 by generating synthetic images with Getty Images/iStock watermarks;
  2. 2 Whether Stability AI is liable for secondary copyright infringement under sections 22, 23, and 27 of the Copyright, Designs and Patents Act 1988 by importing or distributing Stable Diffusion models trained on Getty Images' works;
  3. 3 Whether Getty Images holds exclusive licences sufficient to confer standing for copyright claims;

Ratio Decidendi

Stability AI is liable for trade mark infringement under sections 10(1) and 10(2) TMA in respect of iStock watermarks generated by v1.x models (accessed via DreamStudio and/or Developer Platform) and Getty Images watermarks generated by v2.x models, as the synthetic watermarks constitute use of a sign in the course of trade, in relation to identical or similar goods/services, and cause a likelihood of confusion. However, there is no infringement under section 10(1) for Getty Images watermarks, nor under section 10(3) for any mark, due to lack of evidence of detriment or unfair advantage. No passing off is established. Stability AI is not liable for secondary copyright infringement under...

Court Disposition

Claim allowed in part; trade mark infringement established for certain models and marks; secondary copyright infringement and passing off dismissed; no additional damages awarded.

Orders

  • Declaration of trade mark infringement under sections 10(1) and 10(2) TMA for iStock watermarks (v1.x via DreamStudio/Developer Platform) and Getty Images watermarks (v2.x);
  • All other claims dismissed;