Trademark Reporter | Trademark Confusion Revealed: An Empirical Analysis

I’m honored that The Trademark Reporter (TMR) selected my article on AI and trademarks to be included in its special AI issue. The American University Law Review originally published the article in 2022.

TMR was founded in 1911 and is a resource the International Trademark Association (INTA) provides to practitioners, academics, and judges worldwide. Many thanks to Willard Knox and Pamela Chestek for their leadership. Pam eloquently summarizes my article in her Editor’s Note as follows:

“In “Trademark Confusion Revealed: An Empirical Analysis,” Daryl Lim analyzes courts of appeals’ decisions on the likelihood of trademark confusion and how the various factors are applied by the courts. Lim considers the possibility of using empirical analysis to train AI models that would allow courts to reach more consistent and accurate results and that would, in turn, allow trademark counselors to better predict likely outcomes before ever reaching the courts.”

The issue also features articles by scholars whose work I have studied and admire: Michael Grynberg, Christine Farley Matthew Dahl, Varun Magesh, Mirac S., Daniel Ho, Sonia Katyal, Aniket Kesari, Shlomit Yanisky-Ravid, and Molly Torsen Stech.

Explore the full issue here: https://www.inta.org/resources/the-trademark-reporter/

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