USA Trends and Developments, Trade Marks & Copyright 2025

The Impact of Generative AI on Trade Marks and Copyrights

The rapid evolution of generative artificial intelligence is beginning to affect many industries, and intellectual property is no exception. Generative AI, which refers to AI systems capable of creating new content, has far-reaching impli cations for how creators and businesses can protect their trade marks and copyrights. As generative AI becomes increasingly prevalent, it also challenges assumptions about author ship and ownership of intellectual property – for example, can an AI model be an “author” for purposes of copyright law? In the short-term, however, legal developments are more likely to be focused on the use by generative AI models of trade marks and copyrighted works owned by others. Moreover, recent decisions by the US Supreme Court addressing “fair use” in both US copyright law and US trade mark law have created an environment ripe for litigation over generative AI models. How will traditional legal frameworks apply to, and adapt in light of, these new technologies?  Read More