In the modern world, all areas of human activity are closely interconnected. Artificial intelligence technology was created back in 1951, but it has been widely used in everyday life only since the beginning of the 21st century. Many entrepreneurs have started using this technology in their business to make a profit and save money and time. However, artificial intelligence is not perfect and is still under development, so for humans, it is still like a smart but very naive child.
So far, there are few examples of entrepreneurs trying to deceive artificial intelligence for their own profit. The only and most obvious one is the Lush v Amazon case, where the court reprimanded Amazon for infringement of the Lush trade mark. Thus, Amazon took the word “Lush” and used it to propose its website. However, during a Google search, when entering this word, Amazon offered similar products more often than this particular product. Thus, Amazon misled its Artificial Intelligence to sell other products, causing losses to the owner of the Lush trade mark. This is a clear violation, so the court upheld the claims against Amazon.
This case shows that the displacement of an ordinary customer by artificial intelligence can currently lead to negative consequences. This happens precisely because of the possibility of entering incorrect data into its programme and the inability of artificial intelligence to emotionally perceive goods and feel the attitude towards them as a human being.
The possibility of artificial intelligence deception in online shopping, where ordinary customers are replaced by artificial intelligence, is currently very frightening. It will be up to the courts and legislators to determine how such problems and disputes that may arise between trade mark owners and online stores will be resolved. However, the foundation and basis of trade mark law is very stable and objectively grounded. This makes it possible, even with the emergence of new relationships between people, to settle such cases and effectively protect intellectual property rights.
In the near future, Artificial Intelligence will be further developed and used even more widely in our lives. Therefore, we can only watch how the legislation will change and whether it will adapt to this technology at all.
