Artificial intelligence has fundamentally changed the IP landscape. From AI-generated logos that mimic existing trademarks to large language models trained on copyrighted content, businesses face new and complex threats to their intellectual property.
On the trademark front, the proliferation of AI design tools has made it dramatically easier to create brand assets that incorporate elements of existing marks. Traditional likelihood-of-confusion analysis still applies, but the volume of potential infringements has grown exponentially. Brand owners should consider conducting more frequent trademark watches and investing in AI-powered monitoring tools that can detect visual similarity across digital platforms.
The copyright question around AI-generated content remains actively litigated. The Copyright Office has maintained that purely AI-generated works without meaningful human authorship are not protectable. However, content created with AI assistance — where a human makes substantive creative choices — may qualify for protection. Documenting your creative process has never been more important.
For companies whose content has been used to train AI models without authorization, several class actions are working through the courts. The legal theory is still developing, but rights holders have real standing to assert claims, particularly where their work was scraped in violation of platform terms of service.
Practical steps for brand protection today include: updating IP audit procedures to address AI-generated infringement, including AI-specific provisions in licensing agreements, filing defensive copyright registrations for key content assets, and engaging in industry coalitions that are shaping emerging regulatory frameworks.
This is a rapidly evolving area of law. Staying current with developments is essential, and we advise clients to schedule an IP review to assess their exposure under the new landscape.