"Early on there was a lot of activity around brands instructing their ad agencies, their design firms, production companies, 'Do not use any generative AI tools in connection with our work.' That has kind of flipped, such that now a lot of companies are embracing it. And instead of prohibiting the use of generative AI, they're mandating it,"
"One of the trademark law principles is that trademarks have to be used consistently and in a manner that's under the control of the trademark owner, essentially. So if a trademark owner takes their logo, for example, and allows it to be adapted, modified and animated by other people who aren't under the control of the brand, there at least is a technical legal argument that that's actually diminishing the legal protection that's available for that trademark."
Generative AI creates complex copyright and trademark risks for marketers who must assess potential harm to their own IP and the risk of infringing others. Many companies have shifted from prohibiting generative AI use by vendors to embracing or even mandating it within workflows. High-profile brands negotiate licenses to permit AI generation of protected characters while seeking to prevent trademark dilution. Trademark law requires consistent use under owner control, and uncontrolled adaptations of logos or characters can diminish legal protection. Legal review and IP strategy are necessary when integrating generative AI into marketing.
Read at Digiday
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