Source: Mondaq

This Mondaq article provides a detailed overview of the trademark-related legal risks associated with the use of AI image generators, specifically from a UK legal perspective. The piece, titled "From Pixels to Problems," warns that businesses and individuals using AI-generated images for commercial purposes—such as in advertising, branding, or on products—could be inadvertently infringing on existing trademarks. The core of the issue lies in the ability of AI models to create images that incorporate or are confusingly similar to protected logos, brand names, or other distinctive brand assets.

The author explains the key tenets of UK trademark law, including the concepts of infringement based on "likelihood of confusion" and "unfair advantage" or "detriment" to a mark's distinctive character. The article provides practical advice for mitigating these risks, such as implementing careful review processes for all AI-generated commercial content, using specific and neutral prompts that avoid brand names, and potentially seeking legal counsel before launching major campaigns using AI imagery. It serves as a cautionary guide for marketers, designers, and businesses, emphasizing that the convenience of AI image generation does not eliminate the need for rigorous intellectual property due diligence.