Trade Mark Issues Arising From Use Of Generative AI

In the first of a series of articles looking at how Generative AI is impacting trade marks and designs, we explore the conflicts that can arise from using trade mark protected or copyrighted material generated from Generative AI applications. (For further information, please visit our Generative AI hub).

Artificial intelligence, including Generative AI, is reshaping industry and creative processes. Identified as a hallmark of the fourth industrial revolution, Generative AI harnesses vast computational power and extensive data training to generate human-like text, aiding in tasks ranging from conversation to creative writing.

However, its reliance on massive datasets scraped from diverse online sources raises critical legal questions. These datasets often include trade mark-protected or copyrighted material, leading to potential conflicts over ownership, infringement, and ethical use. This article explores these issues through the lenses of trade mark and