Artificial Intelligence And Trademark Law: Navigating Liability, Consumer Confusion And Global Enforcement Challenges
- IJLLR Journal
- 15 hours ago
- 2 min read
Pavithra Ramkumar, BBA LLB, VIT School of Law, VIT Chennai
INTRODUCTION:
The emergence and proliferation of Artificial Intelligence in the recent years have made various transformations across various other sectors, is inviting a new era marked by various unprecedented advancements and challenges. Within the domain of the intellectual property law, particularly in the realm of trademark, the impact of AI is both far-reaching and complex. It serves as a pillars of the Intellectual Property protection now had to confront new challenges and opportunities as AI continues to create new ways to reshape the landscape of creativity, innovation and commerce.
One of the important challenges posed by AI in the context of intellectual property law pertains to the generation of content autonomously by AI algorithms. These algorithms are capable of producing a wide array of creative works, spanning from text and images to music and eve entire pieces of literature of art. However, the attribution of authorship and ownership becomes increasingly intricate in the absence of human creators. Unlike human authors or artists, AI lacks legal personhood, leading to uncertainties surrounding the applicability of trademark protection to AI –generated works. This raises a fundamental questions about the nature of creativity, originality and ownership in the digital age.
Trademarks are essential in protecting businesses’ identity and reputation, ensuring that brands remain distinct and free from unauthorized use. The rise of AI- generated content introduced a new dimension to this dynamic, as automated systems can inadvertently create content and assets that mirror or dilute existing trademarks. For example, AI may generate brand names or logos that are strikingly similar to existing trademarks, leading to potential cases of infringement or trademark dilution.
AI- generated content arguably blurs the distinctiveness of Disney’s iconic brand, a challenge that highlights the need for the vigilance in the era of AI-driven creativity. Moreover in India and globally, the existing legal frameworks face significant tests in countering AI-generated counterfeiting and infringement. While the traditional IP laws offer mechanisms for protection, their adaptability to address the nuances of AI- driven violations remain under greater scrutiny. The protection of logos are necessary to safeguard the rights of creators and businesses.
