In this technology-driven era, every industry is experiencing a revolution because of AI (Artificial Intelligence). Likewise, the fashion industry has also improved in recent years because of AI systems. Before the advent of AI models, the fashion industry was all about human-made creativity and designs. However, nowadays, these AI systems play a vital role in creating intricate designs in the fashion industry. We all know that we utilize trademark protection to safeguard man-made creativity, but does a trademark also protect AI-made creations in the fashion industry? Read on to learn more about the complications in trademark ownership because of these generative AI in the fashion industry.
The Role of Generative AI Systems in the Fashion Industry
Generative AI systems are capable of creating content such as designs, images, text, etc. according to the input we provide. Generally, AI systems can generate millions of unique content by analyzing the already existing datasets. Nowadays, tech companies are developing AI tools that assist fashion companies in producing enormous clothing designs, analyzing current fashion trends, and suggesting fashion recommendations to customers according to their preferences.
Since generative AI is capable of reshaping the entire fashion industry by rapidly generating innumerable designs, most fashion-related startups and small-scale fashion units are looking forward to incorporating such AI systems into their business. Because of these generative AI systems, smaller fashion industries can produce premium designs without the necessity for massive manpower.
Generative AI and Trademark Ownership in the Fashion Industry
Even though generative AI systems support the fashion industry in creating unmatchable designs, there are some complications associated with the use of AI systems in the fashion field. Generally, trademarks are used to protect the uniqueness of brands and help people recognize and distinguish different brands. Additionally, trademarks prevent other parties from using a brand’s trademark and selling products by using the brand’s name. So, if any organization tries to infringe on or reproduce a brand’s registered trademark, the trademark owner can file a lawsuit against them and ask for royalties for using their trademark without their permission.
However, the generative AI questions trademark protection and ownership. If we use an AI model to generate designs, who will be considered the owner of the work? Should we consider the fashion brand that used the AI or the developer who developed the AI system as the owner? Because of these complications, trademark ownership still remains a question mark when it comes to AI-related creations.
Ethical And Legal Concerns On AI-Generated Designs in Fashion Industry
To date, IP laws state that only human-made creations can be trademarked. To preserve the the individuality of human-made works and trademarks are used according to the IP laws. However, we are not yet sure how this law applies to AI-generated works. Some parties state that AI-generated creations should also be trademarked while some other argues that only human-made works are capable of being trademarked.
Some people believe that trademarking AI-created works will encourage more of them and it may affect creativity in the fashion industry. Also, small-scale fashion companies that don’t use AI systems may find it difficult to compete with large firms that use generative AI for creating voluminous designs and patterns.
However, what happens if we fail to trademark AI-generated works? If we don’t trademark AI-created designs in the fashion industry, competitors may reproduce or copy such designs. As a result, consumers may tend to be confused between the brands and may not be able to recognize the original brand of such designs.
Potential Solutions for Addressing These Issues
To address these issues related to incorporating AI systems in the fashion industry, it is suggested that new IP frameworks should be introduced. Such frameworks should be crafted by effectively revising the already existing trademark laws to successfully incorporate AI systems in the fashion industry. A few suggestions for the successful incorporation of AI systems in the fashion industry would be providing ownership rights to the designer or entity that commissions the AI designs or providing joint ownership to both human designers and the developer who created the AI tool.
The second approach would be profitable for both parties and foster cooperation between them. Also, both parties should be cautious about how the ownership and rights are divided between them.
To Sum Up
Generative AI is very beneficial for fashion brands as it develops enormous, unique designs in no time. Even though the usage of AI tools creates complications in trademark protection, choosing the best approach that balances both creativity and ownership will help the fashion industry will evolve more in the upcoming years. If you are a business owner looking for an IP firm that helps you throughout the process of trademark registration, Brealant is here to help you! Contact us today and book a free demo with our professionals!