The IUP Journal of Law Review
Intelligent Trademarks:Is Artificial Intelligence Colliding with Trademark Law?

Article Details
Pub. Date : Oct, 2018
Product Name : The IUP Law Review
Product Type : Article
Product Code : IUPLR21810
Author Name : Kalyan Revalla
Availability : YES
Subject/Domain : Law
Download Format : PDF Format
No. of Pages : 08

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Abstract

We have entered a generation where Artificial Intelligence (AI) is creating a tectonic shift in the way people interact with technology. Human beings are replaced by AI to perform automatic complex cognitive tasks. AI is trying to build a ‘transhumanism’ system where it can outperform human capabilities. This process of AI is creating ripples in the trademark law. As AI reduces the human involvement in the product suggestion and product purchasing process, the validity of the traditional trademark law is questioned. Traditionally, trademark is treated as a tool for the source identification and hence the legal protection; but in the modern world, trademark changed its character and is also being used as an effective tool for both the corporate and social communication. Once the machine learning replaces human beings, the aspect of source identification evaporates where they can directly recollect the source by analyzing the data. These are some of the aspects where AI is hitting the trademark law hard. It appears that the trademark law needs to adopt or reform or evolve according to the technological changes, but it is highly impossible to get rid of the trademark law as long as there is an emotional chord between the consumer and the brand.


Description

One of the disruptive technologies that this era has produced is Artificial Intelligence (AI). AI is rapidly expanding and is likely to touch every stratum of the society. AI is benefitting humans by improving efficiency and reducing the costs in production,logistics, medical sector, education, finance and farming. AI is not only enhancing social governance5 but also expected to disrupt the basic tenets of the trademark law.

A trademark is a way of identifying a unique product or service and it is not just a logo, it consists of a letter, number, word, phrase, sound, smell, shape, picture, movement, aspect of packaging, or a combination of these.

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