In theory yes, in practice you have to pay your legal expanses in US even if you win the case. Which means you can bankrupt because a big company thought you infringed on their rights even if you didn't. Simply because you can't afford the costs.
It's absurd.
There is nothing that the generative AI can do in this process that's legally different from copy pasting the image, editing it a bit by hand, and somehow claiming intellectual property of the _initial_ image, no ?