AI-generated data is still in the grey area. There is no doubt in the mind of the Court that at the present stage of technological development, AI cannot substitute either human intelligence or the humane element in the adjudicatory process.
At best, the tool could be utilized for a preliminary understanding or preliminary research and nothing more," Justice Singh said. French footwear company Christian Louboutin alleged that a firm named 'The Shoe Boutique – Shutiq' is designing shoes identical to its red sole and spiked shoe style.
The lawyer appearing from the side of Christian Louboutin contended that the reputation of the plaintiffs can be evaluated by the response of the AI chatbot ChatGPT. When ChatGPT was asked “Is Christian Louboutin known for spiked men's shoes?", the chatbot answered YES.
However, the court noted that the other responses of ChatGPT were not aligned with the submissions of plaintiffs and when asked the question differently ChatGPT said that there are several brands with shoes designed in spikes and studs style, the Bar and Bench report added. However, the court ruled that the defendants’ products were indeed copies of all essential features of Christian Louboutin.
“The imitation is not of one or two designs but of a large number of designs as the chart above indicates. The acts of the Defendant are nothing more but an attempt to pass off its goods as the goods of the Plaintiffs," the Court said.
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