AI-Driven Branding: Trademark Law Implications of Automated Creativity

Authors

David J. Looney

Abstract

The rapid advancement of Artificial Intelligence (“AI”), particularly generative AI systems like OpenAI’s ChatGPT and DALL-E, has introduced novel challenges to trademark law, which have remained largely unchanged since the Lanham Act of 1946. While trademark law has evolved to address such issues as dilution, international registration, and cybersquatting, the emergence of AI-generated con[1]tent capable of producing words, phrases, logos, and symbols raises significant concerns about infringement and dilution of existing trademarks. This Note examines the intersection of AI and trademark law, exploring the historical and current frameworks of both fields, the legal dilemmas posed by AI’s ability to generate potentially infringing or diluting marks, and the inadequacies of existing legal protections. Examining AI’s ability to generate logos, symbols, and trade dress resembling iconic trademarks and its use of trademarks for training, this Note highlights the risks of consumer confusion and harm to famous and distinctive marks. Proposed solutions include amending the Lanham Act to address AI-generated content, mandating AI developers to screen training data against federal trademark registries, and ensuring balanced regulations that protect trademarks without stifling AI innovation. By embracing AI’s potential while establishing clear legal guardrails, trademark law can adapt to this transformative technology, ensuring robust protection for brand owners and fostering continued technological advancement

Recommended Citation

Looney, David J. (2025) "AI-Driven Branding: Trademark Law Implications of Automated Creativity," Touro Law Review: Vol. 40: No. 4, Article 15.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol40/iss4/15