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Judge Thompson dismisses Getty's false-CMI claim against Stability AI but lets its trademark and unfair competition claims proceed alongside the copyright claim in the refiled U.S. case

Getty's U.S. case began in the District of Delaware in February 2023 (No. 1:23-cv-00135). On Aug. 14, 2025, Getty voluntarily dismissed it and the same day refiled in the Northern District of California, where Stability had conceded personal jurisdiction. The new complaint pleads copyright infringement, false copyright management information under 17 U.S.C. § 1202(a), trademark infringement, federal unfair competition, dilution, and California unfair competition and dilution. Stability moved on Oct. 14, 2025 to dismiss everything but the copyright count. In an order dated April 23, 2026, Judge Trina L. Thompson granted the motion only as to the § 1202(a) claim, holding that Getty had not pleaded the required double scienter, and dismissed it without prejudice with leave to amend by May 7, 2026. She denied the motion as to the trademark infringement, false designation, dilution and state-law claims, rejecting Stability's argument that the trademark claims were copyright claims in trademark clothing barred by Dastar, and noting Getty's registered marks date to 2002. The copyright claim, which Stability did not challenge, proceeds.