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United Kingdom

UK and EU IP update: AI trade marks and freedom of expression, FRAND anti-anti-suit, Latvian law for trade secrets, NI non-agricultural GIs, Thaler appeal refused

Published on: 27 November 2025

Published by a LexisNexis IP expert
Legal News
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In this issue:

  • Trade marks/passing off
  • Patents
  • Copyright & associated rights
  • Daily and weekly news alerts
  • New and updated content
  • Dates for your diary
  • Trackers
  • Useful information

Trade marks/passing off

Trade marks through the lens of AI-generated photos (Getty Images v Stability AI)

This News Analysis sets out the principal trade mark ramifications of Getty Images (US) Inc v Stability AI [2025] EWHC 2863 (Ch), the first English ruling on generative AI, which concludes (pending any appeal) a three-year dispute between Getty Images (Getty Images) and Stability AI (Stability). Although much commentary focused on the copyright limb, the trade mark causes of action posed fresh issues concerning machine-generated watermarks bearing signs identical to, or reminiscent of, the claimant’s trade marks, and how responsibility is apportioned between the defendant (developer of a generative AI system) and end users. Both the copyright and trade mark outcomes turn closely on the facts. Determining trade mark infringement demanded a granular analysis of the categories and wording of prompts that produced the allegedly infringing watermarks, together with changes introduced in later iterations of the AI model and the evidence connected to prompts, outputs, and model updates over extended periods...

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