- Brand power and trademark use in AI-driven discovery: How AI-generated search results, recommendations, and shopping tools are changing brand visibility and discovery, and how counsel should assess trademark use, including commercial and nominative use and potentially actionable outputs.
- Rethinking consumer confusion: How existing confusion doctrines, including initial interest confusion and principles developed around keyword advertising, may apply when an AI system recommends or selects products, and what that means for infringement analysis.
- Using the emerging case law: The disputes beginning to test these issues, what courts are being asked to decide, and what the litigation can already tell trademark owners about potential claims, defenses, and enforcement strategies.
- Preparing for agentic commerce: How counsel can prepare for a marketplace in which AI agents research, compare, select, and purchase products, including the implications for brand visibility, enforcement, and the terms companies are putting in place to govern AI access and activity.
A general Q&A will follow the conversation.