Online Shopping with Artificial Intelligence: What Role to play for Trade Marks?

19 Pages Posted: 18 Oct 2021 Last revised: 29 Aug 2022

See all articles by Anke Moerland

Anke Moerland

Maastricht University - Department of International and European Law

Christie Kafrouni

affiliation not provided to SSRN

Date Written: October 14, 2021

Abstract

The debate on how artificial intelligence (AI) influences intellectual property protection has so far mainly focussed on its effects for patent and copyright protection. Not much attention has been paid to the effects of artificial intelligence technology for trade mark law. In particular, what has not yet been sufficiently investigated is the question as to whether trade marks still fulfil their role in a world in which consumers are assisted by AI technology when purchasing in the online market place. In how far do we still need trade marks to avoid consumer confusion? Or do the other functions of trade marks justify their continuous protection? In view of the fact that intellectual property rights have a market-distorting effect, it is in society’s interest to question whether trade mark protection is still justified.

Moerland, A. and Kafrouni, C., Online Shopping with Artificial Intelligence: What Role to play for Trade Marks?, in: Abbott, R. (forthcoming), Research Handbook on Intellectual Property and Artificial Intelligence, Edward Elgar Publishing

Keywords: AI, artificial intelligence, trade mark functions, trademarks, average consumer, EU law, relevant public

JEL Classification: K33, K11

Suggested Citation

Moerland, Anke and Kafrouni, Christie, Online Shopping with Artificial Intelligence: What Role to play for Trade Marks? (October 14, 2021). Available at SSRN: https://ssrn.com/abstract=3942770 or http://dx.doi.org/10.2139/ssrn.3942770

Anke Moerland (Contact Author)

Maastricht University - Department of International and European Law ( email )

Netherlands

Christie Kafrouni

affiliation not provided to SSRN

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