'We Will Still Be Confused!': Online Shopping and Trade Mark Law in the Al Era

摘要

This article discusses whether current trade mark law needs revisiting in order to reflect recent consumers' behavioural changes brought by the use of AI-technology in the purchasing decision-making process. The author concludes that the current trade mark concepts are still fit for purpose if minor adaptations are made to reflect consumers' behavioural changes. This strategy can be achieved by means of statutory interpretation rather than wholesale reform.