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copies of the federal registration certificates evidencing Getty Images’ ownership of the
trademarks shown below are attached hereto as Exhibit B.
Mark Name Reg. Number Reg. Date
GETTY IMAGES 2,656,652 12/03/2002
GETTY IMAGES 2,837,208 04/27/2004
GETTY IMAGES 2,842,851 05/18/2004
GETTY IMAGES 2,844,647 05/25/2004
GETTY IMAGES 3,603,335 04/07/2009
GETTY IMAGES 4,968,996 05/31/2016
GETTY IMAGES 4,968,997 05/31/2016
GETTY IMAGES 5,200,414 05/09/2017
33. Getty Images also owns common law rights in the mark GETTY IMAGES.
Together with Getty Images’ federally registered trademarks, these are referred to collectively as
the “Getty Images Marks.”
3. Website Terms and Conditions
34. Stability AI accessed Getty Images’ collection of visual assets through Getty
Images’ public-facing websites. The Getty Images websites from which Stability AI copied
images without permission is subject to express terms and conditions of use which, among other
things, expressly prohibit, inter alia: (i) downloading, copying or re-transmitting any or all of the
website or its contents without a license; and (ii) using any data mining, robots or similar data
gathering or extraction methods. Such restrictions apply not only to the photographic images
and videos that Getty Images licenses, but also to the valuable and proprietary title and caption
information, keywords, and other metadata associated with the visual assets, all of which is
highly desirable for use in connection with developing AI tools such as Stable Diffusion.
C. Stability AI Infringes Getty Images’ Copyrights on an Enormous Scale and
Exploits Getty Images’ Resources for its Commercial Benefit
35. Upon information and belief, Stability AI was founded in 2020 and is engaged in
the development of tools and models to generate digital content using artificial intelligence.
Case 1:23-cv-00135-UNA Document 1 Filed 02/03/23 Page 11 of 36 PageID #: 11