Trademarks

Artificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.

The decision reasserts important limits on the USPTO’s authority, particularly its reliance on unverified foreign-language translations, hypothetical assumptions about what businesses “might” offer in the future, and tenuous connections between a word and a service category.

The U.S. Supreme Court is set to commence its term on October 6. Among the cases it will review are several appeals concerning copyright and trademark law. One notable case seeks to address procedural inconsistencies and claims of unconstitutional vagueness attributed to the U.S. Court of Appeals for the Federal Circuit.

In August, the Federal Circuit issued a surprisingly self-critical ruling in the long-standing dispute between Erik Brunetti and the USPTO over Brunetti’s efforts to register the term F*CK for a wide variety of goods and services. The Federal Circuit concluded that the Board’s decision in In re Brunett lacked sufficient clarity and therefore vacated it for further proceedings, which although facially unremarkable, may not only prove to be a boon to Brunetti, it may also be highly beneficial to many trademark owners who have been forced to wrestle with failure-to-function refusals.

As AI becomes more sophisticated at detecting fakes, it is not just changing how brands protect themselves — it has the potential to change the legal framework for determining when platforms themselves might be held responsible for the counterfeits sold on their sites.

For companies developing novelty products, advertising campaigns, or brand-related parodies, this case underscores the importance of reviewing both confusion and reputational risks. For rights holders, it affirms that parody is not a license to defame a brand.

A trademark battle that pitted technology giant OpenAI against a company known as Open AI (note the space between the terms) has resulted in a summary judgment that has ordered the smaller enterprise to cease use of the name and its prized internet real estate, open.ai.

Protectable rights are created the same way a successful brand is established — linking your Mark and your company’s offering in the minds of the consumer is a must. The good news? Regardless of your company’s size or marketing budget, this necessary connection can be achieved.