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?
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