At its very basic level, trade mark law is about how the public buy products and their interaction with brands. After all, a trade mark is defined as a sign which distinguishes the products of one undertaking from another undertaking. The ‘distinguishing’ happens when the public consider products carrying brands pre-purchase, purchase products carrying those brands or when they evaluate products carrying those brands post-purchase. As a result, any form of new technology which impacts that purchasing decision also impacts trade mark law.
Artificial intelligence (‘AI’) is, and will have, a large impact on how the public buy branded products and thus trade mark law will have to adapt to reflect those changes. Trade mark law is ultimately the most practical and, historically, one of the most adaptable forms of the law. Indeed, over time trade mark law has been remarkably adaptable to the changing commercial landscape. However, how will AI impact the purchasing process?
This and other questions will be answered in this guest article by Lee Curtis and Rachel Platts (HGF).