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Trademarks In AI Business Models: A Strategic Analysis


Adv. Niharika Sharma, LL.M. in ADR from VSLLS, VIPS-TC, affiliated to Guru Gobind Singh Indraprastha University

Adv. Anshika Sharma, LL.M. in ADR from VSLLS, VIPS-TC, affiliated to Guru Gobind Singh Indraprastha University


ABSTRACT


The advent of artificial intelligence (AI) has profoundly transformed numerous industries, including intellectual property. As unique identifiers of products and services, trademarks are pivotal to modern business models, especially those leveraging AI. This study delves into the complex interplay between trademarks and AI, examining the novel opportunities and challenges arising from this convergence.


A core focus of this research is to analyze how traditional trademark principles, such as ownership, infringement, and licensing, adapt to the AI era. It explores the application of these principles to AI-generated content, virtual assistants, and other AI-powered innovations. Moreover, the study investigates the potential impact of AI on trademark examination and enforcement processes, including the role of AI-driven tools in detecting and preventing infringement.


By examining relevant case law and Indian statutes, this research aims to provide a comprehensive understanding of the strategic considerations for AI businesses in protecting and leveraging their trademark rights. It offers insights into the complexities of trademarking AI-generated content, virtual brands, and other AI-driven intellectual property. Additionally, the study addresses the challenges posed by cross-border trademark enforcement and the rise of AI-facilitated counterfeiting.


Ultimately, this research seeks to contribute to the evolving discourse on the intersection of trademarks and AI, providing valuable guidance for businesses, policymakers, and legal practitioners. It underscores the need for a nuanced approach to trademark law in the age of AI, balancing innovation with the protection of intellectual property rights.



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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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