Hallucinating AI may dilute trade mark value

Artificial Intelligence (AI) is a rapidly evolving facet of modern technology that has already had a significant impact on the way that we live our lives. The applications for AI systems seem endless, and there appears no end in sight to this innovation and its bounds.

As we have reported previously in this article, with the wide-spread release of AI applications like ChatGPT we are entering into an uncharted territory in respect to the relevant legal rules and principals that govern use of data in training and operating AI algorithms and generative outputs produced from AI applications. Several high profile legal proceedings have been commenced worldwide (with some determined) dealing principally with direct copyright infringement of data used to train AI systems,¹ direct and indirect copyright infringement of AI generated outputs,^2,3 and patent eligibility of AI generated content.⁴ Interested parties and commentators eagerly await many of these proceedings to be