Getty Images (US), Inc & Ors v Stability AI Ltd

Getty Images (US), Inc & Ors v Stability AI Ltd

The defendant is the overall winner and entitled to its costs of all claims that failed or were abandoned, together with general and marginal costs. The Trade Mark Infringement Claim is a suitably circumscribed issue on which the claimants had partial success; claimants are awarded 75% of their costs of that claim, representing 17.5% of the overall costs, with a 25% deduction to reflect issues lost. The defendant's overall costs are reduced by 30.6% to reflect this. Interim payments on account of costs are ordered as specified.

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 Ltd
Jurisdiction
England and Wales
Judgment Date
01 December 2026
Procedural Posture
Civil Intellectual Property / Costs Judgment Following Trial
Outcome
Defendant is the overall winner; costs apportioned as specified.
Legal Topics
Costs, Trade Mark Infringement, Copyright, Passing Off, Database Rights
Intellectual Property Civil Procedure Costs Trade Mark Infringement Copyright Passing Off Database Rights

Case Brief

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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 Ltd

Defendant

Procedural Posture

Civil Intellectual Property / Costs Judgment Following Trial

Legal Issues

  1. 1 Who is the overall winner for the purposes of costs?
  2. 2 Should costs be apportioned on an issue-based approach?
  3. 3 Are the claimants entitled to any costs for partial success on the Trade Mark Infringement Claim?

Ratio Decidendi

The defendant is the overall winner and entitled to its costs of all claims that failed or were abandoned, together with general and marginal costs. The Trade Mark Infringement Claim is a suitably circumscribed issue on which the claimants had partial success; claimants are awarded 75% of their costs of that claim, representing 17.5% of the overall costs, with a 25% deduction to reflect issues lost. The defendant's overall costs are reduced by 30.6% to reflect this. Interim payments on account of costs are ordered as specified.

Court Disposition

Defendant is the overall winner; costs apportioned as specified.

Orders

  • Defendant awarded its costs of all claims that failed or were abandoned and all general/marginal costs.
  • Claimants awarded 75% of their costs of the Trade Mark Infringement Claim, representing 17.5% of overall costs, with a 25% deduction.