Computational trademark infringement and adjudication
Daryl Lim · Edward Elgar Publishing eBooks · 2022
The likelihood of confusion standard is the linchpin of trade mark infringement. This chapter explores AI's liberating effect on bounded rationality and consumers' need to rely on trade marks as decisional heuristics. This shift raises new questions about liability for trade mark infringement when digital platforms such as Amazon recommend counterfeit products. The chapter also explores AI-assisted adjudication of trade mark disputes from conception to implementation. It draws on theoretical models and working prototypes in adjacent areas of the law to reveal the opportunities and challenges that trade mark scholars and practitioners should consider. Bias, accountability and data availability are well-known concerns with AI deployment. While these are legitimate issues, each can be significantly mitigated or, in some cases, comprehensively addressed.