Part 25 - COUNT VII: Trademark Dilution (15 U.S.C. § 1125(c))

COUNT VII: Trademark Dilution (15 U.S.C. § 1125(c))

Against All Defendants

198. The Times incorporates by reference and realleges the preceding allegations as though fully set forth herein.

199. The Times is the owner of several federally registered trademarks, including U.S. Registration No. 5,912,366 for the trademark “The New York Times,” as well as the marks “nytimes” (U.S. Reg. No. 3,934,613), and “nytimes.com” (U.S. Reg. No. 3,934,612).

200. The Times’s trademarks are distinctive and famous.

201. Defendants have, in connection with the commerce of producing GenAI to users for profit throughout the United States, including in New York, engaged in the unauthorized use of The Times’s trademarks in outputs generated by Defendants’ GPT-based products.

202. Defendants’ unauthorized use of The Times’s marks on lower quality and inaccurate writing dilutes the quality of The Times’s trademarks by tarnishment in violation of 15 U.S.C § 1125(c).

203. Defendants are aware that their GPT-based products produce inaccurate content that is falsely attributed to The Times and yet continue to profit commercially from creating and attributing inaccurate content to The Times. As such, Defendants have intentionally violated 15 U.S.C § 1125(c).

204. As an actual and proximate result of the unauthorized use of The Times’s trademarks, The Times has suffered and continues to suffer harm by, among other things, damaging its reputation for accuracy, originality, and quality, which has and will continue to cause it economic loss.