How AI Is Changing Trademark Law

Welcome to FinTech TV.

Gen AI can spin up a new corporate logo or copy, a brand identity in seconds, turning intellectual property into a major corporate battlefield.

Now from tech startups trying to secure their unique designs to celebrities like Taylor Swift and Lionel Richie attempting to trademark the actual sound of their voices, the traditional rules of brand protection are facing a major reckoning.

And in today's hyper visual and digital economy, a brand is defined by recognition, the hottest. non-traditional trademarks which revolve around sound and sensory marks being used by public figures as weapons against AI.

Joining me to discuss how businesses can navigate this new legal frontier is Relanni Plus, intellectual property lawyer and founder of Blus Law and the Trademark Channel.

Great to have you here, Relanie.

Thank you so much for joining me.

Thanks.

You know it's always great to be at the center of commerce and a lot of trademarks around me here too.

Yes, absolutely.

Look around us, we see logos for some of the biggest companies on the planet here.

But when we're talking about artificial intelligence, what is actually happening when it comes to logos, trademarks, and everything in between?

Yes, well, you know, obviously AI is the two letters that are on everybody's frontal cortex these days, and it's interesting, you know, again, we're dealing with regulations and laws that are You know, not, uh, you know, 21st century, and they, they were before these devices, and these kinds of things, but the foundational, you know, the foundational thing is still there.

And, and let's remember what a trademark is, right?

It's, it's a right to exclude, OK, so it's one of the intellectual properties that you have to actually use, um, you know, to have to, to maintain.

It has to be used in commerce, at least in the United States, um.

And so what we're seeing is, you know, especially artists, they're very nervous.

And, and, you know, we saw that years ago, um, with, uh, you know, with sound, um, you know, just actors being like, you know, what's going on with my voice and, and, and things of that nature.

And so, The system really isn't designed for that.

You know, you have sort of a right of publicity, and you have a trademark, and I think artists are using what's available to them right now.

And so you're seeing that, you know, McConaughey was kind of in the news with the all right, all right, and Taylor Swift applied for some things, and it's actually the, the, the guy who plays sports.

He tried to, you know, trademark this, but non-traditional trademarks aren't new, um, you know, you have things like the smell of Crayola crayons is trademarked, and, you know, let's get ready to rumble from wrestling.

Actually, the smell of Flat-to is also trademarked and.

You know, colors like Tiffany blue is trademark.

So I think what's happening is people are trying to, you know, either fit, you know, the, the square peg in the round hole for, for what they have because again, that's their livelihood, you know, and, and that's worth money, you know, that's, that's, it's, it's, you know, like anything else.

It's like you, you know, you see in Times Square, the fake bags, that's, you're wondering why you're.

Handbag costs so much, go, you know, it's, it's on a blanket, you know, if there's a fake one on a blanket, you know, in front of the M&M store.

Yeah, absolutely.

So you mentioned those counterfeit bags we see on the streets of New York and some key brands there, including M&M's, right?

And you mentioned the smell of Crayola crayons as well as Play-Doh.

And when you mentioned that, I could think about those scents, right?

So it's really distinct.

And all these companies, they spend years building their brands.

So how do you think all of this will shake out for the artists out there?

Well, you know, I think eventually there's going to have to be some sort of compulsory either the law is going to have to change about, you know, your image and, and, you know, personal because our data is also out there, right?

You know, we used to worry about our Social Security numbers and now.

You know, you can't call into customer service anywhere even if you're calling about flight or your cable if people still watch on cable, but you know your voice is being recorded and you're wondering, you know, is, you know, now not only is my personal information being taken, but is my voice being used and that one clip, even if it's for, you know, a brief second.

You know, where's that going, right?

Where's that being stored or how is that manipulated or, you know, now it's tied to your voice recognition, you know, for your, so you're talking more about You know, personal rights, not only trademarks, but again, not everyone is going to go out and trademark their voice and things of that nature because again a trademark, remember, has to be associated with a good or service, and I think that's sort of the challenge these new sort of trademark applications have is what is that service and what is it.

You know, what is it tied to, but there's definitely going to have to be some sort of regulation about other recognizable types of property or what the value is because again, that's That's at the heart of what a business is, is their mark, you know, you look for whatever the golden arches, the green sign for, you know, for Starbucks, you know, you, you know, the blue bottle on the coffee, the coffee, those are things that people recognize and that has value because it's not just the mark, it's what that mark symbolizes and.

And that is, you look at a brand like Hermes who, you know, went after Meta Birkin, which was a digital image, but it's still that marked.

And if you're not policing something that is, you know, you know, scarcity, then, you know, that kind of diminishes the brand and what it stands for.

And Melanie, you highlighted a lot of key points there.

There will always be good actors as well as bad actors in any space, but for businesses out there who are listening to this right now and wondering how they can protect themselves going forward, what would you say to them?

Well, you know, I, I think people put trademarks sometimes on the back burner, you know, and what do I say I do?

I, I don't necessarily say I'm a trademark player.

I'm a person who helps you avoid expensive rebrands because, you know, if you wait and you think, OK, well, we'll get to this, you know, someone's gonna make your mark before you do, you know, and, and so I think it's important to kind of do an inventory of what, you know, what you have and.

You know what's important and what do you want to be known for and where are you going to be?

Are you going to just be in the United States?

Are you going to want to expand to other countries?

Does this word mean something else in another country that could be negative and not You know, uh, pleasing to, to your brand, right?

So I think you really have to take a look at that and then what's on, you know, social media and online and you know there's a lot of different outlets for where your brand is and so you really have to take a look at that because that is what people are going to be looking for you on.

You know, maybe not on a search or even on AI, you know, that's going to show up and what do you want people to see right from this?

Yes, and what you just mentioned there, hindsight is always 20/20 because we think about advertising campaigns, marketing campaigns where an organization had a specific name and then they find out later that if you're a car brand and you want the vehicle to Go fast.

It actually means to go slow or to stop in other languages.

So finally, before I let you go, as we keep our eyes on advancements when it comes to artificial intelligence, what do you think is the key takeaway from what we've learned so far this year and as we head into the rest of the year?

Well, I think it's here, you know, I think people are like, you know, they're kind of, oh, it's here, you know, and I think.

You know, whether you're embracing that or not, I think traditionally, you know, the foray of that.

You know, big picture, right, it's not so much legal, but it is, it is commerce, it's what's driving commerce, and I think AI is a tool, and it's not a substitute for, for this either, and I think, you know, it's a tool to use to expand your brand, but it's also a tool that could hurt your brand and you know, and, and everyone has access to it.

Unlike you, you know, like years ago where, you know, you needed capital to, you know, have a building and do this kind of thing, I mean, anybody with a device can now do, do a lot of harm to, to your business, so it's there and it's, it's a tool, but it's also something you definitely need to, to be aware of, right?

I mean, I think it's like anything else in life, right?

It can be used a knife can be used to.

At stake, but it also can be used for, you know, bad purposes too, right?

So you gotta just keep that in mind and, and, but know what your brand stands for and know what it is, and then evaluate what tools are out there to, to make that brand successful.

Well, some key insights there.

So thank you so much for joining us today and thank you so much for your perspective, Rely.

Thanks.

All right, everybody appreciate it thank you.