The Briefing: Trademark Infringement by Hallucination: Breaking Down NYT v. Perplexity
Published: January 2, 2026
What happens when AI hallucinations are branded as journalism? In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Matt Sugarman break down The New York Times v. Perplexity AI, a lawsuit that goes beyond copyright and into largely untested trademark territory.
In this episode, they cover:
- Alleged large-scale scraping and output copying of Times content
- How RAG systems complicate traditional copyright defenses
- The novel use of trademark law to challenge AI hallucinations
- False designation of origin and dilution by tarnishment claims
- What this lawsuit could mean for AI companies that cite or brand sources
Tune in here for a clear look at where trademark law meets AI-generated misinformation.