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Beyond the Logo: How AI Complicates Trademark Protection In the Digital Age
It’s rare that a day goes by without news of the impact artificial intelligence (AI) is having on our lives, for better or worse. While AI has many proven beneficial applications, outside my expertise, there is a concerning trend emerging in my field. As someone who has built my career creating and protecting brand equity, I’ve witnessed an increasing number of disputes that are based on mimicry of distinctive brand identities without permission. Traditional trademark protection cases now share courtrooms with proceedings based in the digital realm, dramatically changing both the playing field and the rules in brand infringement cases. As a branding professional who has seen my share of industry evolution over the years, it is something that I have been asked to weigh in on with more and more frequency.
To understand AI’s influence on brand infringement, one must go back to what I refer to as Branding 101. Historically, brands earned status by making or doing something that was relevantly different and more effective than the competition. It might be a formula to make clothes cleaner, teeth whiter, insurance cheaper, cars more fuel efficient, or to relieve headaches faster. When litigation arose, supporting rational claims was relatively straightforward, typically involving one brand infringing on another’s product, R&D practices, or marketing tactics.
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