I’m not sure its a sure thing for adobe (the established company) that this newer company is infringing per se. You need to do business with the trademark to ‘use’ the mark - the caption makes it sound like they will change their mark before doing any business? On the other hand, advertising counts as doing business where the mark is associated but that can get a bit tricky…
If we assume this is not an advertisement, then it’s just like anyone else scribbling down the logo of another company on a sheet of paper and saying I made a thing
Indeed, I posted this on another thread about the court
Thomas Jefferson to Abigail Smith Adams, September 11, 1804, “but the opinion [Marbury v Madison] which gives to the judges the right to decide what laws are constitutional, and what not, not only for themselves in their own sphere of action, but for the legislature & executive also in their spheres, would make the judiciary a despotic branch.”
It’s right on the courts’ info page
www.uscourts.gov/about-federal-courts/…/about
Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices.
Supreme Court Background Article III of the Constitution establishes the federal judiciary. Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." Although the Constitution establishes the Supreme Court, it permits Congress to
I absolutely agree with the second half, guided by Ian Kerr’s paper “Death of the AI Author”; quoting from the abstract:
Claims of AI authorship depend on a romanticized conception of both authorship and AI, and simply do not make sense in terms of the realities of the world in which the problem exists. Those realities should push us past bare doctrinal or utilitarian considerations about what an author must do. Instead, they demand an ontological consideration of what an author must be.
I think the part courts will struggle with is if this ‘thing’ is not an author of the works then it can’t infringe either?
Any instance admin, proper or rogue, gets a ton of information that users won’t normally see.