David Hansel#1937

David Hansel

Contributed to

2

What measures can brand owners put in place to protect their trade mark rights from infringement by AI
What measures can brand owners put in place to protect their trade mark rights from infringement by AI
Q&A

The rapid spread of generative AI is changing the nature and scale of trade mark infringement. AI tools can now be used to generate at scale ‘lookalike’ logos, deepfake endorsements, and synthetic product listings.The legal framework, and copyright law, in particular, has struggled to keep pace, and recent litigation—including Getty Images (US) Inc v Stability AI —highlights both the weaknesses of current copyright law and the steps brand owners should now take.Despite dropping the primary copyright claims, Getty Images continued pursuing claims for trade mark infringement, passing off, and secondary infringement of copyright in the UK. The trade mark claim focused on the reproduction of Getty's watermarks in AI-generated images, while secondary infringement addressed the potential illegality of the AI models themselves if they are considered ’infringing articles’ imported into the UK. For more information, see News Analyses: Trade marks through the lens of AI generated photos (Getty Images v Stability AI) and Copyright through

When licensing intellectual property rights such as copyright in the media sector, is a grant of rights
When licensing intellectual property rights such as copyright in the media sector, is a grant of rights
Q&A

This Q&A considers whether certain IP rights should be granted on a ‘worldwide’ or ‘universal’ basis.

Practice Area

Panel

  • Q&A Panel

Qualified Year

  • 1995

Education

  • Bishop Gove Comprehensive School
  • Swansea
  • Warwick University (1989 BA (Hons) Law & Sociology)
  • College of Law, Chester (1992 Law Society Finals)
  • King's College London (1997 Post Graduate Diploma Copyright Law)

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