AI is fashion's latest weapon against the $500 billion counterfeit industry, a boon for brands that creates liability considerations for platforms and marketplaces, Fenwick’s Allyson Madrid recently wrote in IP Strategist.
AI’s ability to not just scan images and text but also analyze the larger context a listing appears is revolutionizing brand enforcement, but platforms unknowingly selling infringing goods could become liable as AI-powered enforcement becomes more common.
“Just like courts began expecting all manufacturers to include airbags once they became standard, now, as AI-powered counterfeit detection becomes more accessible, platforms without these systems may struggle to defend their inaction,” Madrid wrote.
Read her full article at IP Strategist for more information about AI brand-enforcement tools, ongoing cases related to similar liability, and important future considerations.