January 2026
Brands and Advertising
Getty Images v Stability AI granted permission to appeal secondary infringement claim
On 16 December 2025, in the High Court (ChD), Smith J granted Getty Images Inc and related companies permission to appeal aspects of her judgment in Getty's case against Stability AI.
Permission to appeal the trade mark infringement findings was refused on the basis that there was no real prospect of success. However, permission to appeal was granted on all grounds of the secondary infringement claim on the basis that the appeal had a real prospect of success, concerned a pure question of law on which the minds of reasonable lawyers might differ, and the point of law was both novel and important.
The court held that abandoned primary copyright infringement and database right infringement claims should be dismissed, and the order should record that they were fought to closing submissions and then abandoned, to avoid any suggestion that the court adjudicated on them.
Read more about the next steps in Getty Images v Stability AI from Louise Popple and Morgan Acton here.
Watch the recording of our latest discussions with Louise Popple and Professor Dev Saif Gangjee on what we can learn from the Getty Images v Stability AI ruling on the use of trade marks in AI outputs.
High Court (IPEC) issues judgment on Dryrobe trade mark dispute
On 4 December 2025, the High Court (IPEC) issued a judgment in Dryrobe Limited v Caesr Group Limited, finding trade mark infringement and passing off. The case concerns the DRYROBE marks and D-ROBE/D-ROBE shield signs used for changing robes and related apparel.
The court held that DRYROBE is descriptive for robes and clothing but not for bags or hats, yet has acquired distinctiveness by March 2022 and retained it by November 2024. Invalidity under sections 3(1)(b) to 3(1)(d) TMA and revocation under section 46(1)(c) fail. The '428 mark's specification is reduced for non-use, removing certain Class 16 items, beach shoes in Class 25, and related Class 35 retail services, whilst use is proven for key straps, patches, and lanyards.
The court found infringement under section 10(2) due to medium to high similarity between DRYROBE and D-ROBE and likelihood of confusion (including post-sale confusion) on identical goods. Section 10(3) infringement is established, given the marks' reputation and unfair advantage. Passing off is made out.
The court found knowing infringement from at least September 2023, with additional damages to be assessed, and rejected the defendant's genericism and descriptiveness arguments.
Find out more about descriptive words and registrability from Christian Durr and Louise Popple here.
Disney signs agreement with OpenAI, sends Google cease-and-desist; Belgian court rejects High Tides copyright claim
On 14 January 2026, the European Innovation Council and SMEs Executive Agency, via the European Council IP Helpdesk, reported on Disney’s AI licensing and enforcement activity and a decision of the Commercial Court of Ghent.
On 11 December 2025, Disney and OpenAI announced a three-year licensing agreement covering more than 200 characters across Disney, Marvel, Pixar and Star Wars for Sora short videos and ChatGPT Images, with exclusions for real actors’ likenesses and voices and “responsible use” commitments, and with implementation stated as subject to final contracts and internal approvals and planned to start in early 2026.
On 12 December 2025, Disney sent Google a cease-and-desist letter alleging large-scale copying to train AI models and unauthorised generation and distribution of character images and videos, and requesting cessation and technical measures, while Google cited use of public internet data and controls, including Google Extended and YouTube Content ID.
The Commercial Court of Ghent dismissed a claim that the series Knokke Off, released internationally as High Tides, infringed a crime novel, holding that similarities were unprotected ideas and genre elements and that infringement requires recognisable reproduction of protectable creative choices rather than a similar impression or atmosphere.
Stay informed about ongoing international AI & Copyright litigation and developments with our case tracker here.
