Online shopping with artificial intelligence: what role for trade marks?

Anke Moerland, Christie Kafrouni

Research output: Chapter in Book/Report/Conference proceedingChapterAcademic


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.
Original languageEnglish
Title of host publicationResearch Handbook on Intellectual Property and Artificial Intelligence
EditorsRyan Abbott
PublisherEdward Elgar Publishing
ISBN (Print)978 1 80088 189 1
Publication statusPublished - Dec 2022

Publication series

SeriesResearch Handbooks in Intellectual Property Series

JEL classifications

  • k11 - Property Law


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