Intellectual property law in New York and elsewhere is scrambling to catch up with the rise of artificial intelligence (AI) in numerous industries. While AI has the capability of creating all types of content nearly instantaneously, there still are many questions about how that content can be used and who, if anyone, is granted the legal rights typically accorded to the creator.

The answer to one such question could have a tremendous effect on how businesses market themselves. Companies can utilize AI to churn out catchy brand names and logos, but can AI legally create trademarks? Like many other issues involving AI, there is no simple answer.  

Current trademark law requires human involvement. When the creator of the logo or brand name is not human, is there a trademark at all? If so, who owns the AI-generated mark? The developer? The user? AI learns from vast data sets, some of which might contain trademarks of their own. Courts could be put into the difficult position of deciding whether a company’s AI program of choice extrapolated too much from an existing mark, resulting in an infringement.

However, while we can use various methods to investigate whether a person borrowed too much from someone else’s intellectual property, AI’s lack of transparency makes proving originality and avoiding infringement tricky. The scope of the potential infringement also presents serious challenges. Imagine an AI program churning out a million unique marks daily. How do you enforce rights on such a scale, especially against copycats using similar AI tools?

Until a clear legal framework develops, businesses looking to take advantage of AI should be very careful about avoiding infringement and recognizing the reality that enforcing their IP rights could be problematic. Still, AI offers benefits that might make dealing with the complex legal issues worth the effort. Companies looking to build their brand can use AI to do one or more of the following:

• Generate creative ideas — Brainstorming millions of options is child's play for AI, which might lead you to an exciting out-of-the-box concept.
• Identify potential conflicts —  With AI, you have the power to scan vast trademark databases, flagging potential infringement risks before you make a significant investment.
• Optimize existing marks — AI can analyze consumer data and suggest tweaks to enhance brand recognition.

As AI's role in trademark development expands, one thing is certain: collaboration between creators, developers and lawmakers is crucial. It will take thoughtful work from all of these parties to unlock the potential of AI while safeguarding intellectual property rights in the digital age.

Stanford Law in New York City handles trademark issues and full range of intellectual property matters for content creators and business clients. For a consultation, please call 800-880-7036 or contact us online.