Technology: Friend or Foe? Leading Trademark Practitioners Look to the Future

World Trademark Review interviewed Finnegan partners Douglas Rettew and Mark Sommers for their thoughts on how technology will impact the future of trademark law and the work of trademark practitioners. 

Doug commented specifically on the potential impact of artificial intelligence (AI) on trademark law. He said, “I do not believe that AI can supplant the ultimate judgement calls that trademark professionals need to make in regard to clearance, prosecution and litigation. However, it can streamline things and make them more efficient. This will likely further manifest itself in clearance searching and litigation document review and production. The prospect of making litigation more efficient is a good and exciting thing. With that, more clients can have their day in court (without breaking the bank) and lawyers can focus their time and attention on the meaty substantive issues.”

Mark commented on how technology will cause brand owners to change the way they do business. He said, “Trademark owners will need to better leverage and enforce the many diverse parts of their source-indicating identities beyond mere words alone, as consumers have come to associate a variety of cues and messages with a given company.” He also provided insight into how trademark practitioners will need to service clients in light of these changes. He said, “Firm practitioners will find long-term success by delivering real, tangible value to their clients through strategic vision and the enforcement of rights that fundamentally matter to their businesses. As most clients have tight cost controls in place, the answer is not to provide slim-margin services, as by doing so, you are positioning your practice as a mass-market provider, which will require substantial volume to succeed and the ability to weather cut-throat competition. Instead, there are plenty of companies that want and need top-tier counselling, rights acquisitions and enforcement.”