Source: World IP Review

World IP Review argues that while copyright infringement lawsuits, such as the one filed by Getty Images, have dominated discussions about the legal risks facing AI companies, trademark law may pose an even greater and more complex challenge. The article suggests that the legal community and AI developers might be underestimating the risk of trademark infringement, which operates differently from copyright law. Whereas copyright focuses on the unauthorized reproduction of creative works, trademark law is concerned with the use of a mark in commerce in a way that is likely to cause consumer confusion about the source of goods or services.

The piece explains that generative AI models can easily produce outputs that include or closely resemble famous trademarks, logos, or brand-specific designs. If this AI-generated content is used commercially, it could lead to claims of infringement, dilution, or unfair competition. Unlike copyright, where the defense of "fair use" is often debated for AI training, trademark law has a more stringent "fair use" standard that is less likely to apply in commercial contexts. The article concludes that as AI-generated content becomes more prevalent in marketing and branding, the risk of trademark litigation will inevitably rise, potentially becoming a more significant legal battleground for the AI industry than copyright.