Olshan Intellectual Property and Brand Management & Protection partner Barry Greenbaum published an article in World Trademark Review (subscription required) entitled “Building the AI Brand Audit Trail: What to Document, What to Keep, and Why It Matters.” In the article, Barry explains why trademark teams using AI need a documented audit trail that shows human judgment throughout naming, clearance and design decisions and what documents to preserve. “Many teams have yet to build the documentation infrastructure that makes AI‑assisted branding defensible during prosecution, opposition, or enforcement,” Barry writes. “That matters because registrability and enforcement strength both depend on decisions made early in the branding process.” A clear, attorney-guided record can alleviate challenges that commonly arise in disputes, including likelihood of confusion and descriptiveness concerns. Barry emphasizes documenting the prompts, outputs and decision-makers, and reviewing legal opinions that support a good-faith adoption decision. “In the end, AI may generate the material, but only a documented trail of human judgment will determine whether that material survives prosecution, opposition, or enforcement,” Barry explains.
PartnerBarry advises technology-focused clients—from early-stage startups to global enterprises—on patent prosecution, intellectual property transactions, trademarks and design, brand protection and enforcement, as well as ...