As the digital world continues to change, so does the need to protect trademarks.
Artificial intelligence (AI) boomed in 2023, and it’s safe to assume that we’ll continue to see the results of its impact on intellectual property this year. AI, however, won’t be getting all the spotlight.
From the metaverse to blockchain technology to AI, 2024 has some interesting developments in store for intellectual property owners.
A Look At 2024’s Trademark Trends and Challenges
The impact of AI on copyright
The use of AI in content generation raised many legal concerns in 2023, particularly regarding intellectual property and copyright. In the coming months, AI-generated music, art, and literature content will be a major topic of discussion.
Aside from that, it has been alleged that AI platforms use data protected by copyright without consent and, therefore, violates intellectual property rights. As of now, there’s no answer to the question of whether AI training is considered fair use or infringement. However, that question could be answered this year.
Trademarks and short-lived brands
The combination of constantly changing trends and the widespread use of social media has led to the emergence of many ephemeral brands. Compared to traditional marketing techniques, social media provides businesses with a more affordable, faster way to gain exposure. The downside, however, is that this accessibility also makes it easier for them to be copied.
The trademark process has yet to adapt to the speed of the digital world. Until then, we recommend keeping an eye on social media platforms for fake accounts, pursuing legal action against infringers immediately, and making sure your trademark strategies keep up with digital trends.
Blockchain for trademark registration and protection
Blockchain technology has become increasingly popular for trademark verification as it uses encryption to securely store and protect trademark information. A trademark’s entire history can be tracked on a blockchain, which is particularly beneficial for settling ownership verification and any related disputes.
Smart contracts, another blockchain feature gaining traction in trademark management, help simplify trademark-related transactions. Using them can help provide transparency in licensing agreements and royalty payments, for example.
The NO FAKES Act
The NO FAKES Act seeks to hold AI software users accountable for unauthorized digital reproductions of individuals. Essentially, it aims to protect individuals’ rights to their names, images, voices, and likenesses.
Under this act, digital replicas can only be created for news or sporting broadcasts, documentaries, or biographies. Not only would this protection be applicable during an individual’s life, but it would also be applicable for 70 years following their death.
Trademarks in the Metaverse
The Metaverse allows brands to create immersive, interactive experiences to connect with their customers and to get creative. However, it’s becoming more and more difficult for brands to control trademark usage in such an incredibly large digital space.
A major concern is its open-source, user-generated structure. Users can create content that incorporates trademarked elements, which can infringe or dilute protected material and also make it harder to maintain brand identity. To protect your business, incorporate virtual environment monitoring and infringement detection technologies in your trademark strategy.
If You Need Consulting Regarding Registering a Trademark, Sanchelima & Associates Can Help
Sanchelima & Associates, P.A. is one of the leading intellectual property law firms in South Florida. With over 40 years of experience, we have represented the IP interests of a wide array of businesses in the US and abroad, including Fortune 500 companies. Whether you need a consultation or prosecution of a patent, trademark, or copyright, we can protect your business’s interests.
Contact us to book your consultation!