The Labyrinth Of Deceptive Similarity And AI’s Contribution To Indian Trademark Laws
- IJLLR Journal
- Jul 16
- 1 min read
Smita Goswami, BA LLB, Department of Law, Calcutta University
ABSTRACT
Every company has a duty to carry forward its goals and fulfil its criteria. On the basis of that, it creates a logo or in other words, a trademark which acts as the identification mark for that particular company. It determines the authenticity and genuineness of the product manufactured. Since, everything comes with pros and cons, this trademark can be easily misused by miscreants for illicit purposes. Thus, “Deceptive Similarity”, among the trademarks, is one of the ways to take out the resemblances within the logo and place them tactfully in a newly made design. This drastically affects the overall reputation of the company which makes the public question its authenticity and eventually leads to an utter confusion. With the advent of Artificial Intelligence (AI), such work has become much easier for the tricksters. Moreover, it is difficult to find out the flaws even by a prudent person.
This paper would like to focus on the intersection of AI and trademark covering Deceptive Similarity, where AI acting as a ‘double-edged sword’ and the challenges faced by the companies in carrying forward their businesses. It also aims to suggest measures which may be useful to tackle the challenges.
Keywords: Artificial Intelligence, Trademark, Deceptive Similarity, Infringement, Indian Trademark Act, 1999, Intellectual Property
