In a recent trademark dispute in India, luxury brand Louboutin secured an injunction against a footwear company imitating its distinctive, red-soled shoes. To warrant an injunction, the court clarified that products must be a “colourable or a slavish imitation” of Louboutin’s designs and trademark.
Once again, a court has had to deal with the use of AI, as Louboutin attempted to use ChatGPT’s response as evidence of its brand’s distinctiveness. The court ruled that AI-generated data cannot be a basis for legal decisions due to potential inaccuracies and biases. It emphasized that AI should only be used for preliminary research and understanding and cannot replace human intelligence in legal proceedings.
Even though this case may not be local, the decision aligns with earlier rulings in the United States and indicates that courts around the world have a concern that AI has the potential to generate inaccurate or fictional information. In concluding, a US Judge quoted “These platforms in their current states are prone to hallucinations and bias. On hallucinations, they make stuff up – even quotes and citations.”
Every organisation, regardless of its nature, should prioritise its consideration of the utilisation of AI and ChatGPT within its operations. Should your business not have an AI or Privacy Policy in place, we recommend that you immediately contact our offices.