In a recent trademark lawsuit, the High Court of Delhi in India has issued an injunction against an unaffiliated footwear company for selling copycat shoes with red soles, a distinctive feature of Louboutin’s brand. This decision sheds light on the treatment of generative artificial intelligence (AI)-produced evidence in the court. The court clarified that not all spiked shoes or colored soles automatically fall under Louboutin’s monopoly, stating that products must be a “colorable or slavish imitation” of Louboutin designs to warrant an injunction.
What’s interesting is the court’s handling of evidence generated by ChatGPT, an AI platform used by Louboutin to support its arguments for acquired distinctiveness. Louboutin’s counsel submitted a response from ChatGPT affirming the brand’s reputation for spiked shoes. However, the court dismissed this evidence, asserting that ChatGPT cannot be the basis for legal or factual determinations. According to the court, AI-generated responses are subject to various factors and can produce incorrect or fictional information.
The court’s ruling emphasizes that AI cannot replace human intelligence or the human element in the legal process. While AI tools like ChatGPT may be useful for preliminary research or understanding, they are not reliable for adjudication. This decision aligns with similar orders from judges in the United States who require human verification of documents prepared using generative AI.
Judge Brantley Starr of the U.S. District Court for the Northern District of Texas explicitly banned the use of generative AI platforms in filings unless the content has been checked by a human. He cited concerns about AI platforms producing inaccurate information and engaging in hallucinations. Magistrate Judge Gabriel Fuentes of the U.S. District Court for the Northern District of Illinois also issued an order mandating disclosure of generative AI usage in court filings.
As the reliance on AI in legal proceedings grows, courts are grappling with the limitations of AI-generated evidence. Until the accuracy and reliability of AI-generated data improve, human oversight and verification remain crucial in the adjudicatory process.
Q: What was the outcome of the trademark battle involving Louboutin?
A: Louboutin prevailed in the lawsuit, and the court issued an injunction against an unaffiliated footwear company from selling copycat shoes with red soles.
Q: What did the court say about using generative AI-produced evidence?
A: The court stated that generative AI-produced evidence, such as responses from ChatGPT, cannot form the basis for legal or factual determinations. It emphasized that AI cannot replace human intelligence in the adjudicatory process.
Q: Are there similar rulings in the United States regarding generative AI usage in legal proceedings?
A: Yes, Judge Brantley Starr of the U.S. District Court for the Northern District of Texas banned the use of generative AI platforms unless the content has been checked by a human. Magistrate Judge Gabriel Fuentes of the U.S. District Court for the Northern District of Illinois also issued an order requiring disclosure of generative AI usage in court filings.