Getty Images v. Stability AI- Intellectual Property Rights in the Age of Generative AI; The National Law Journal, November 14, 2025

Nathan Smith, Anita Hodea Katten   , The National Law Journal; Getty Images v. Stability AI- Intellectual Property Rights in the Age of Generative AI

"Key Takeaways

• Getty succeeded only in part, and narrowly, on its trade mark infringement claims. Findings were confined to specific examples of outputs from early versions of the Model involving "iStock" and "Getty Images" watermarks.
• Getty's secondary copyright infringement claim failed. The court held that the Model’s weights were not an "infringing copy" of Getty's works because the Model did not at any time contain or store a copy of the underlying Getty images.
• The judgment leaves critical questions unanswered relating to the relationship between IP rights and generative AI, particularly whether the use of copyright protected works to train AI models constitutes copyright infringement. It was hoped that these issues would be addressed by the court, but this element of the claim was withdrawn during trial.
• Looking ahead, the UK government's ongoing work with expert groups from both the creative and technology sectors will be closely watched, as it seeks to balance the protection of human creativity with technological innovation."

Can You Trademark Peanut Butter and Jelly? Smucker’s Says Yes.; The New York Times, October 17, 2025

 Yan Zhuang, The New York Times; Can You Trademark Peanut Butter and Jelly? Smucker’s Says Yes.

 "J.M. Smucker, the maker of Uncrustables, is suing Trader Joe’s, accusing the grocery store chain of infringing on its trademarks by selling a copycat version of its popular snack...

You generally can’t trademark foods. Sandwich recipes, or certain combinations of sandwich ingredients, are also “quite plainly not a copyrightable work,” an appeals judge ruled in 2015 in a case involving a Puerto Rico man who had attempted to trademark his chicken sandwich.

But you can trademark the specific shape or configuration of a food product. In this case, Smucker’s says, it has trademarked “a round pie-like shape with distinct peripheral undulated crimping” — a design it says Trader Joe’s has copied.

Smucker’s also accused Trader Joe’s of infringing on its trademark image of “a round crustless sandwich with a bite taken out showing filling on the inside,” which the grocery store chain uses on its packaging.

“Smucker does not take issue with others in the marketplace selling prepackaged, frozen, thaw-and-eat crustless sandwiches. But it cannot allow others to use Smucker’s valuable intellectual property to make such sales,” the company said in its filing."

Gotta Deport ‘Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?; Above The Law, September 24, 2025

Steven Chung , Above The Law; Gotta Deport ‘Em All? How Should Nintendo Respond To Immigrant-Hunting Social Media Post From DHS?

"Last Monday, the Department of Homeland Security (DHS) posted a one-minute video on X (formerly Twitter) and other social media platforms, splicing together clips from the Pokémon anime intro with footage of border patrol agents arresting individuals, all set to the first season’s theme song.

The post’s caption was the famous tagline “Gotta Catch ‘Em All!” At the video’s end, it displayed Pokémon cards featuring photos of convicted criminals facing potential deportation...

Reactions were sharply divided: some users found it hilarious and praised its creativity, while others condemned it as dehumanizing and inappropriate, especially for using a children’s franchise to promote immigration enforcement.

Commenters from both sides speculated on how Nintendo would respond, given the company’s reputation for aggressively enforcing its intellectual property rights — evidenced by actions like issuing DMCA takedowns against over 8,500 GitHub repositories for the Yuzu emulator in 2024 and targeting hundreds of fan games on platforms like Game Jolt in multiple waves since 2016. As of now, Nintendo and The Pokémon Company have not issued any public statement on the matter, despite requests for comment from media outlets. However, Nintendo has at least three viable options."

Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.; The New York Times, September 12, 2025

Nicholas Kulish, The New York Times ; Is ‘The Pitt’ Really an ‘ER’ Spinoff? Michael Crichton’s Estate Says It Is.

The estate of the best-selling author, which has intellectual property rights to “ER,” and the creators of the new hit TV show are waging a legal battle over whether it’s a stealth reboot.

"On Nov. 4, the defendants asked the court to dismiss the complaint, citing their constitutional free speech rights and arguing that “The Pitt” is not a derivative work of “ER.” They emphasized that the new series is about the post-Covid world, reminding the judge that it deals with events that arose after Mr. Crichton’s death...

Rewatching “ER” through the lens of the lawsuit — as a jury might be asked to — can be a strange experience. Is the struggle over whether to put a dying elderly patient onto a ventilator a distinct plot point (this would support Team Crichton) or an everyday tragedy in a large urban hospital (Team Pitt)?

“‘The Pitt’ has no connection to ‘ER’ — it does not use ‘ER’’s intellectual property, characters, plot, setting or narrative pacing,” the defendants said. “While both series are medical dramas set in a hospital, this concept is hardly unique.” They name-checked “Grey’s Anatomy,” “Chicago Med,” “House” and “The Good Doctor.”...

The case “could serve as a model for how to figure out how much things are worth in the streaming space,” said Jennifer Porst, a professor of media industry studies at Emory University in Atlanta."

News Corp CEO Robert Thomson slams AI firms for stealing copyrighted material like Trump’s ‘Art of the Deal’; New York Post, August 6, 2025

Ariel Zilber, New York Post ; News Corp CEO Robert Thomson slams AI firms for stealing copyrighted material like Trump’s ‘Art of the Deal’

"The media executive said the voracious appetite of the AI firms to train their bots on proprietary content without paying for it risks eroding America’s edge over rival nations.

“Much is made of the competition with China, but America’s advantage is ingenuity and creativity, not bits and bytes, not watts but wit,” he said.

“To undermine that comparative advantage by stripping away IP rights is to vandalize our virtuosity.”"

Superman’s Earthly Birthplace? It’s Cleveland, and It’s Embracing Its Hero.; The New York Times, August 1, 2025

 George Gene Gustines, The New York Times; Superman’s Earthly Birthplace? It’s Cleveland, and It’s Embracing Its Hero.

"In a 2007 article, Sangiacomo asked, “Isn’t it time Cleveland embraced its most famous son?” That article then led to the formation of the Siegel and Shuster Society, a nonprofit that is now spearheading the construction of the Superman memorial. (Sangiacomo is a founding board member and the vice president of the society.)...

The Siegel & Shuster Superman Plaza will sit at the city’s Huntington Convention Center and include statues of Superman in midflight, of Siegel and Shuster, and of Siegel’s wife, Joanne, the original model for Lois Lane...

For Siegel and Shuster, it was a long journey to publication after they created their superhero. They pitched Superman to many publishers before National Comics Publications, the forerunner of DC Comics, took a chance on him in 1938. Having no clue how successful the character would become, the pair sold the rights to their creation for just $130 (around $3,000 in today’s dollars). When they later tried to renegotiate, DC Comics stripped them of credit and denied them further work. Siegel eventually became a typist in Los Angeles and Shuster a messenger in Manhattan. It was not until the 1970s that a publicity campaign brought them recognition and a substantial annuity...

Justin M. Bibb, the mayor of Cleveland, said in an interview that he understood why Superman resonates today in these “chaotic and challenging times.”

“People want to feel good about being better neighbors to one another,” he said. “And so, hopefully, this film inspires us all to be our own version of our best selves.”"

Mark Cuban says the AI war ‘will get ugly’ and intellectual property ‘is KING’ in the AI world; Fortune, July 22, 2025

SYDNEY LAKE, Fortune; Mark Cuban says the AI war ‘will get ugly’ and intellectual property ‘is KING’ in the AI world

"Major tech companies are battling for AI dominance, pouring tens of billions into infrastructure and offering sky-high compensation packages. Billionaire investor Mark Cuban notes this new phase will see firms locking down valuable AI innovations and expertise rather than sharing them."

Commentary: A win-win-win path for AI in America; The Post & Courier, July 22, 2025

Keith Kupferschmid, The Post & Courier; Commentary: A win-win-win path for AI in America

"Contrary to claims that these AI training deals are impossible to make at scale, a robust free market is already emerging in which hundreds (if not thousands) of licensed deals between AI companies and copyright owners have been reached. New research shows it is possible to create fully licensed data sets for AI.

No wonder one federal judge recently called claims that licensing is impractical “ridiculous,” given the billions at stake: “If using copyrighted works to train the models is as necessary as the companies say, they will figure out a way to compensate copyright holders.” Just like AI companies don’t dispute that they have to pay for energy, infrastructure, coding teams and the other inputs their operations require, they need to pay for creative works as well.

America’s example to the world is a free-market economy based on the rule of law, property rights and freedom to contract — so, let the market innovate solutions to these new (but not so new) licensing challenges. Let’s construct a pro-innovation, pro-worker approach that replaces the false choice of the AI alarmists with a positive, pro-America pathway to leadership on AI."

Denmark to tackle deepfakes by giving people copyright to their own features; The Guardian, June 27, 2025

Miranda Bryant  , The Guardian; Denmark to tackle deepfakes by giving people copyright to their own features

"The Danish government is to clamp down on the creation and dissemination of AI-generated deepfakes by changing copyright law to ensure that everybody has the right to their own body, facial features and voice.

The Danish government said on Thursday it would strengthen protection against digital imitations of people’s identities with what it believes to be the first law of its kind in Europe."

Two Major Lawsuits Aim to Answer a Multi-Billion-Dollar Question: Can AI Train on Your Creative Work Without Permission?; The National Law Review, June 18, 2025

 Andrew R. Lee, Timothy P. Scanlan, Jr. of Jones Walker LLP , The National Law Review; Two Major Lawsuits Aim to Answer a Multi-Billion-Dollar Question: Can AI Train on Your Creative Work Without Permission?

"In a London courtroom, lawyers faced off in early June in a legal battle that could shape the future relationship between artificial intelligence and creative work. The case pits Getty Images, a major provider of stock photography, against Stability AI, the company behind the popular AI art generator, Stable Diffusion.

At the heart of the dispute is Getty's claim that Stability AI unlawfully used 12 million of its copyrighted images to train its AI model. The outcome of this case could establish a critical precedent for whether AI companies can use publicly available online content for training data or if they will be required to license it.

On the first day of trial, Getty's lawyer told the London High Court that the company “recognises that the AI industry overall may be a force for good,” but that did not justify AI companies “riding roughshod over intellectual property rights.”

A Key Piece of Evidence

A central component of Getty's case is the observation that Stable Diffusion's output sometimes includes distorted versions of the Getty Images watermark. Getty argues this suggests its images were not only used for training but are also being partially reproduced by the AI model.

Stability AI has taken the position that training an AI model on images constitutes a transformative use of that data. The argument is that teaching a machine from existing information is fundamentally different from direct copying."

What Swift fan accounts should know about copyright after Barstool's 'Taylor Watch' canceled; USA TODAY, June 12, 2025

Bryan WestNashville Tennessean, USA TODAY; What Swift fan accounts should know about copyright after Barstool's 'Taylor Watch' canceled

""'Taylor Watch' is canceled," Keegs said on the 150th episode, "because having a music related podcast or something that can toe the line with lawsuits in general where it comes to music rights, whatever, is just not feasible with Barstool Sports at this time."

One underlying issue lies in copyrighted photos, videos and music being used on social media. Several posts potentially opened parent company Barstool Sports to lawsuits, and the podcasters had two options: to cancel "Taylor Watch" or be fired."

Crumbl is sued for $24M over music copyright violations; Restaurant Business, April 28, 2025

Jonathan Maze, Restaurant Business; Crumbl is sued for $24M over music copyright violations

"The music group is asking a court to award it as much as $150,000 for each work used without permission, or nearly $24 million...

Crumbl, which operates more than 1,000 locations and is looking for a buyer, has used social media aggressively since its emergence in 2017. Those videos have played a key role in the chain’s growth and ongoing popularity. The company has 9.8 million followers on TikTok and 6.1 million on Instagram...

Warner in its complaint also referred to Crumbl’s own history of pushing back against copyright infringement. It cited the company’s since-settled lawsuit against the cookie chain Dirty Dough, and Crumbl over the years has aggressively gone after upstart companies that it said mimicked its business."

U.S. Copyright Office Releases New Copyright Registration Toolkit; U.S. Copyright Office, April 22, 2025

 U.S. Copyright Office, Issue No. 1070; U.S. Copyright Office Releases New Copyright Registration Toolkit

"Today, the U.S. Copyright Office released the Copyright Registration Toolkit, a comprehensive resource designed to help creators, small business owners, advisors, and others navigate the copyright system. As part of the Copyright Office’s Copyright for All initiative, the toolkit is a visual breakdown of copyright, including essential information about copyright law, how to prepare for copyright registration, what to expect during the process, and post-registration considerations.

“The Copyright Registration Toolkit makes copyright information more accessible and user-friendly for all creators,” said Associate Register of Copyrights and Director of Public Information and Education Miriam Lord. “Resources like this one empower authors, artists, musicians, and their advisors to protect and manage creative works with confidence.”

Developed in conjunction with the U.S. Patent and Trademark Office's intellectual property (IP) toolkits for trademarks, trade secrets, and patents, these resources collectively provide a broad overview of IP protection under U.S. law.

Copyright Office attorneys, writers, and designers collaborated on the toolkit to ensure it serves as a reliable and engaging reference for creators making business decisions about their creative works and for advisors who help guide them in understanding their rights as IP owners.

To explore the Copyright Registration Toolkit, visit the landing page. For further inquiries, the Public Information Office is available Monday through Friday, 8:30 a.m.–5:00 p.m. eastern time, to assist with questions about the copyright registration process."

How to Find Copyright Owners For Covers and Samples; HypeBot, April 16, 2025

Alana Bonilla , HypeBot; How to Find Copyright Owners For Covers and Samples

"Want to use a someone else’s audio legally but don’t know who owns it? This expert guide shows you how to find copyright holders fast – and get the permissions you need without the legal headaches."

Creators Are Losing the AI Copyright Battle. We Have to Keep Fighting (Guest Column); The Hollywood Reporter, April 16, 2025

Ed Newton-Rex ; Creators Are Losing the AI Copyright Battle. We Have to Keep Fighting (Guest Column)

"The struggle between AI companies and creatives around “training data” — or what you and I would refer to as people’s life’s work — may be the defining struggle of this generation for the media industries. AI companies want to exploit creators’ work without paying them, using it to train AI models that compete with those creators; creators and rights holders are doing everything they can to stop them."

The Perils of ‘Free’ Information; Cato Institute, Spring 2025

 Jonathan M. Barnett, Cato Institute; The Perils of ‘Free’ Information

"Everyone likes free stuff. But weak IP rights distort innovation ecosystems over the longer term and, in biopharmaceutical markets, would likely induce significant capital flight to other investment opportunities. Author and entrepreneur Stewart Brand, who coined the slogan “information wants to be free,” also observed in the same comments that “information wants to be expensive.” That second quote is critical.

Absent meaningful property rights, stand-alone innovators and creators have limited ability to capture economic value that reflects their contribution to the knowledge ecosystem. This raises the risk of the content and tech pipeline running dry or innovation being confined to a handful of “walled gardens” comprised of integrated networks of products and services.

Far from being a monopoly that suppresses competition, secure IP rights are often a precondition for sustaining the innovators and artists that drive knowledge ecosystems. When information is free, society can pay a high price."

USPTO releases AI strategic plan; FedScoop, January 15, 2025

CAROLINE NIHILL,  FedScoop; USPTO releases AI strategic plan

"The U.S. Patent and Trademark Office is planning to examine the intersection of artificial intelligence innovation and advancing intellectual property policies as part of a new AI strategy the agency released Tuesday. 

In the document, the USPTO said it intends to study AI-related implications for IP protections and potential uses for the technology to safeguard trademark rights. The agency plans to advocate for the development of “sound judicial precedents and legislation that promote both AI innovation and respect for IP rights, while not unnecessarily constraining future AI innovation.”"

OpenAI holds off on promise to creators, fails to protect intellectual property; The American Bazaar, January 3, 2025

 Vishnu Kamal, The American Bazaar; OpenAI holds off on promise to creators, fails to protect intellectual property

"OpenAI may yet again be in hot water as it seems that the tech giant may be reneging on its earlier assurances. Reportedly, in May, OpenAI said it was developing a tool to let creators specify how they want their works to be included in—or excluded from—its AI training data. But seven months later, this feature has yet to see the light of day.

Called Media Manager, the tool would “identify copyrighted text, images, audio, and video,” OpenAI said at the time, to reflect creators’ preferences “across multiple sources.” It was intended to stave off some of the company’s fiercest critics, and potentially shield OpenAI from IP-related legal challenges...

OpenAI has faced various legal challenges related to its AI technologies and operations. One major issue involves the privacy and data usage of its language models, which are trained on large datasets that may include publicly available or copyrighted material. This raises concerns over privacy violations and intellectual property rights, especially regarding whether the data used for training was obtained with proper consent.

Additionally, there are questions about the ownership of content generated by OpenAI’s models. If an AI produces a work based on copyrighted data, it is tricky to determine who owns the rights—whether it’s OpenAI, the user who prompted the AI, or the creators of the original data.

Another concern is the liability for harmful content produced by AI. If an AI generates misleading or defamatory information, legal responsibility could fall on OpenAI."

Character.AI Confirms Mass Deletion of Fandom Characters, Says They're Not Coming Back; Futurism, November 27, 2024

 MAGGIE HARRISON DUPRÉ , Futurism; Character.AI Confirms Mass Deletion of Fandom Characters, Says They're Not Coming Back

"The embattled AI companion company Character.AI confirmed to Futurism that it removed a large number of characters from its platform, citing its adherence to the Digital Millennium Copyright Act (DCMA) and copyright law, but failing to say whether the deletions were proactive or in response to requests from the holders of the characters' intellectual property rights...

That's not surprising: Character.AI is currently facing a lawsuit brought by the family of a 14-year-old teenager in Florida who died by suicide after forming an intense relationship with a Daenerys Targaryen chatbot on its platform...

It's been a bad few months for Character.AI. In October, shortly before the recent lawsuit was filed, it was revealed that someone had created a chatbot based on a murdered teenager without consent from the slain teen's family. (The character was removed and Character.AI apologized, as AdWeek first reported.) And in recent weeks, we've reported on disturbing hordes of suicide, pedophilia, and eating disorder-themed chatbots hosted by the platform, all of which were freely accessible to Character.AI users of all ages."

Intellectual Property In Horticulture: A Guide To Plant Patents And Trademarks; Forbes, December 4, 2024

Tammy Sons, Forbes ; Intellectual Property In Horticulture: A Guide To Plant Patents And Trademarks

"The Role Of Patents In Horticulture

Patents play an important role in horticulture:

• Encouraging innovation: Creating new varieties of plants involves investing a lot in research. Plant patents encourage breeders to keep on creating different plant varieties.

• Market share protection: After breeders develop a particular variety of plant, they decide on its production and sale. No competitor has the right to propagate the variety for sale without special permission; hence, this privilege gives the breeder a competitive edge.

A way to gain income: Patents can enable breeders to license their varieties to other growers or nurseries. These licenses enable those breeders to make sales. Popular varieties' profits may come from the licensing agreement...

The Place Of Trademarks In The Horticulture Industry

Trademarks can give the following advantages to horticulture businesses:

• Brand differentiation: A good trademark will enable a firm to set itself apart from its competitors and build consumer loyalty. In horticulture, for instance, a nursery firm might have dozens of items similar to those of other nurseries; hence, recognition by trademark can make quite a difference in attracting and retaining customers.

• Legal protection: USPTO registration protects against infringement of any kind. If another company tries to sell using a similar brand name, logo or product name, a trademark holder can sue that company for creating confusion in the market."