Getty Images (US) Inc & Ors v Stability AI Ltd (Re Costs) [2025] EWHC 3419 (Ch) (17 December 2025)

Getty Images (US) Inc & Ors v Stability AI Ltd (Re Costs) [2025] EWHC 3419 (Ch) (17 December 2025)

Defendant is the overall winner and entitled to its costs of all failed or abandoned claims and general costs. Claimants are entitled to 75% of their costs of the Trade Mark Infringement Claim, representing 17.5% of overall litigation costs, with a 25% reduction for partial success. Defendant's overall costs are...

Source-derived case information.

Citation
[2025] EWHC 3419 (Ch)
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
17 December 2025
Procedural Posture
Intellectual Property Litigation / Post Trial Costs Judgment
Outcome
Defendant is overall winner; claimants awarded partial costs for Trade Mark Infringement Claim; costs apportioned accordingly.
Legal Topics
Costs, Trade Mark Infringement, Copyright Infringement, Passing Off, Database Rights
Intellectual Property Civil Procedure Costs Trade Mark Infringement Copyright Infringement Passing Off Database Rights

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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

Intellectual Property Litigation / Post Trial Costs Judgment

Legal Issues

  1. 1 Who is the overall winner for costs purposes?
  2. 2 Should costs be apportioned based on issue-based analysis?
  3. 3 What proportion of costs should be awarded for partial success on the Trade Mark Infringement Claim?

Ratio Decidendi

Defendant is the overall winner and entitled to its costs of all failed or abandoned claims and general costs. Claimants are entitled to 75% of their costs of the Trade Mark Infringement Claim, representing 17.5% of overall litigation costs, with a 25% reduction for partial success. Defendant's overall costs are reduced by 30.6%. Interim payments awarded: 70% for incurred costs, 90% for budgeted costs, 70% for out-of-budget interim applications, and 20% for overspend above budget.

Court Disposition

Defendant is overall winner; claimants awarded partial costs for Trade Mark Infringement Claim; costs apportioned accordingly.

Orders

  • Defendant awarded costs of all failed or abandoned claims and general costs.
  • Claimants awarded 75% of their costs of Trade Mark Infringement Claim (17.5% of overall costs, less 25% deduction).