Evolving Consumer Buying Patterns Prompt Trademark Law to Address AI's Emerging Role

Artificial intelligence (AI) is poised to influence many facets of daily life, including how consumers purchase products and services. Despite widespread media attention on AI’s revolutionary potential, its immediate impact remains modest. However, the long-term effects on consumer behavior and trademark law merit closer examination, as observed by American futurist Roy Amara, who noted that society often overestimates short-term technological effects while underestimating long-term ones.

Trademark attorneys Lee Curtis and Rachel Platts of HGF in Manchester highlight that discussions on AI’s legal impact have largely centered on patent, copyright, and design law, with less focus on trademark law. Yet, consumer buying patterns have continuously evolved, influencing trademark principles since their inception in the nineteenth century.

In the Victorian era, when foundational trademark laws were established, consumers typically purchased goods through shop assistants who acted as knowledgeable intermediaries. These assistants filtered product information, guiding consumers in a marketplace where branding was minimal.

The retail landscape shifted dramatically with the rise of supermarkets, where consumers independently selected products displayed openly on shelves. This eliminated the intermediary role of shop assistants, placing decision-making directly in consumers’ hands. Concurrently, the growth of product branding provided consumers with new cues—phonetic, visual, and conceptual—that effectively replaced the shop assistant’s advisory function.

The advent of internet shopping further expanded product availability and consumer access to information, reinforcing direct consumer control over purchasing decisions. Subsequently, social media introduced another layer of influence, as endorsements and “likes” from friends, family, celebrities, and sports figures began shaping consumer preferences.

AI now introduces a new paradigm in the purchasing process by affecting both the information accessible to consumers and the agents making purchasing decisions. Applications such as Amazon Alexa, Google Home, AI chatbots, personal shopping assistants like Mona, Amazon Dash, and AI robots like Pepper are increasingly mediating consumer choices.

This AI-driven model resembles the Victorian filter system but with critical differences. While AI applications remain relatively limited in consumer use, many have encountered AI-powered recommendation systems on platforms like Amazon.com. These systems act as personalized filters, suggesting products based on prior purchases.

The integration of AI into purchasing decisions raises important trademark law questions. Notably, it challenges traditional notions of the “average consumer” in trademark infringement cases, as AI may influence or even make purchasing decisions independently. Additionally, issues of liability emerge concerning the role of AI in the consumer-brand relationship.

Curtis and Platts emphasize that trademark law must adapt to these evolving dynamics. Understanding AI’s impact on consumer behavior is essential for developing legal frameworks that address new forms of brand communication and protect trademark rights effectively in an AI-influenced marketplace.