News & Insights
News & Insights
December 2025
IP Watchdog
Randy McCarthy of Hall Estill’s IP Law Group said the case is “somewhat unique” in that it “raises some new issues that have not been directly addressed before in other litigation.” McCarthy explained:
“The Times is arguing that the summary of materials from the Times’ website by Perplexity is actionable on the basis that this denies the Times ad revenue from accessing that page, as well as other revenues such as subscriptions. There is also a trademark misappropriation claim on the basis that the reader may be confused that the information is in fact coming from the Times rather than Perplexity. While we should wait to see what Perplexity argues in its defense, it appears that, as with many of these cases, some of the actions that Perplexity is performing are lawful, but some cross the line.”