Abstract

Artificial intelligence opens up new possibilities, however, there are still crucial legal challenges. One of them is creation of marketing materials, slogans, logos and brand names with the use of AI, which may lead to violation of trademark protection rights by third parties. Another challenge is the fact that registering a mark created by AI as a trademark will not always be possible, e.g. when such a mark is solely descriptive or contains forbidden elements. Protection against such situations requires research before implementing a mark on the market.
The development of AI in e-commerce, including buy-grid models based on virtual assistants and automatic recommendations, may influence the perception of trademarks by consumers. AI may also foster sales increase of counterfeit goods because new technologies, such as 3D printing, enable creation of copies of original products. Moreover, holding marketplace owners using AI accountable for violations may turn out to be problematic. One should assume that existing jurisprudence will be of great importance regarding the issue.