The rise of generative AI platforms has introduced significant new legal challenges for brand owners. While much has been written about the copyright implications of generative AI, many high-profile cases also include trademark infringement allegations, highlighting the potential for AI-generated content to affect brand reputation and create legal risk. AI tools offer businesses the ability to create new content and may make brand monitoring more efficient, but these benefits come alongside risks that should be carefully monitored.

In our new article in the Daily Journal, Debevoise lawyers Megan K. Bannigan and Christopher S. Ford explain how brand owners can navigate these legal complexities and balance the benefits of generative AI with its risks. As one precautionary measure, brands should update license agreements to regulate AI-generated content. Brands should also remain vigilant in monitoring whether and how their trademarks appear in text, image, and video generative AI outputs, and consider ways to collaborate with AI platforms to ensure accurate and appropriate use of their marks.

We hope you find the article informative. If you would like to discuss the topic in greater detail, please feel free to contact one of the authors directly.

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The cover art used in this blog post was generated by Microsoft Copilot.


Megan K. Bannigan is a partner and member of the Litigation and Intellectual Property & Media Groups, focusing on trademarks, trade dress, copyrights, false advertising, design patents, rights of publicity, licensing and other contractual disputes. She represents clients across a range of industries, including consumer products, cosmetics, entertainment, fashion and luxury goods, financial services, food and beverage, pharmaceuticals, professional sports and technology. She can be reached at


Christopher S. Ford is a counsel in the Litigation Department who is a member of the firm’s Intellectual Property Litigation Group and Data Strategy & Security practice. He can be reached at