Getty Images (US) Inc & Ors v Stability AI Ltd [2023] EWHC 3090 (Ch) (01 December 2023)

Getty Images (US) Inc & Ors v Stability AI Ltd [2023] EWHC 3090 (Ch) (01 December 2023)

The court finds that the claimants' Training and Development Claim regarding UK-based copyright and database right infringement has a real prospect of success and cannot be summarily dismissed or struck out, given unresolved factual questions and the possibility that further disclosure may materially alter the evidence. Trade mark and passing off claims are permitted to proceed to trial as amended.

Citation
[2023] EWHC 3090 (Ch)
Parties
Claimant: Getty Images (US) Inc; Claimant: Getty Images International UC; Claimant: Getty Images (UK) Limited; Claimant: Getty Images Devco UK Limited; Claimant: iStockphoto LP; Claimant: Thomas M Barwick Inc; Defendant: Stability AI Ltd
Jurisdiction
England and Wales
Judgment Date
01 December 2023
Procedural Posture
Intellectual Property Claim / Interlocutory Judgment on Summary Judgment and Strike Out Applications
Outcome
Defendant's application for summary judgment and strike out on Training and Development and Secondary Infringement Claims is refused; Trade Mark and Passing Off Claims to proceed to trial; permission granted for claimants' amendments; fixing application adjourned.
Legal Topics
Copyright Infringement, Database Right Infringement, Trade Mark Infringement, Passing Off, Summary Judgment, Strike Out, Artificial Intelligence
Intellectual Property Technology Law Copyright Infringement Database Right Infringement Trade Mark Infringement Passing Off Summary Judgment Strike Out +1 more

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Parties

Getty Images (US) Inc

Claimant

Getty Images International UC

Claimant

Getty Images (UK) Limited

Claimant

Getty Images Devco UK Limited

Claimant

iStockphoto LP

Claimant

Thomas M Barwick Inc

Claimant

Stability AI Ltd

Defendant

Procedural Posture

Intellectual Property Claim / Interlocutory Judgment on Summary Judgment and Strike Out Applications

Legal Issues

  1. 1 Whether the training and development of Stable Diffusion involved copyright or database right infringement within the UK
  2. 2 Whether the claimants' pleadings disclose a real prospect of success regarding alleged UK-based infringement
  3. 3 Whether trade mark and passing off claims should proceed to trial

Ratio Decidendi

The court finds that the claimants' Training and Development Claim regarding UK-based copyright and database right infringement has a real prospect of success and cannot be summarily dismissed or struck out, given unresolved factual questions and the possibility that further disclosure may materially alter the evidence. Trade mark and passing off claims are permitted to proceed to trial as amended.

Court Disposition

Defendant's application for summary judgment and strike out on Training and Development and Secondary Infringement Claims is refused; Trade Mark and Passing Off Claims to proceed to trial; permission granted for claimants' amendments; fixing application adjourned.

Orders

  • Claimants to provide examples of Copyright Works alleged to have been infringed and respond to specified RFI questions.
  • Permission granted for amendments to Particulars of Claim including image-to-image feature and expanded factual material.