Amazon AI: Trademark law in view - but what happens with clownfish?

An innovative AI from Amazon is to automatically detect 99 % of all trademark infringements even before an offer is published. By immediately checking texts, images and other content, the aim is to prevent products from inadvertently infringing existing trademark rights. The concept sounds revolutionary - until the technology makes strange mistakes.

Where technology still fails

Although AI is supposed to deliver amazing results in theory, curious misinterpretations occur time and again in practice. For example, it is wrongly assumed that clownfish are invented creatures over which Disney supposedly owns the trademark rights. These so-called hallucinations show that even the most modern systems have their limits when they confuse natural categories with individual, protectable designs.

Animals and nature conservation: What applies in trademark law?

In principle, animals, like other living creatures, are not protected by trademark law. It is not the general concept or appearance of an animal that is protected, but only specific representations or design elements. This means that

• Known from nature: A clownfish as an animal is protectable under trademark law, either as a word or an image.
• Individual design: Only if a fish is depicted in a very specific, artistic way can this depiction obtain legal protection.

Example "Nemo": The exception in detail

A typical example is the well-known fish "Nemo" from the Disney film "Finding Nemo". Here, not all clownfish are protected under trademark law, but only the exact artistic design of the character:

• Unusual fins: Nemo has a distinctive shape, with one lateral fin being large and the other much smaller.
• Expressive eyes: His large, childlike-looking eyes round off his characteristic appearance.

These specific characteristics distinguish the depiction of Nemo from all other clownfish and secure him trademark protection - but not the natural clownfish as an animal species.

Conclusion: Well meant is not well done

Amazon's AI impressively demonstrates how modern technologies can be used in trademark law. It makes it possible to block many infringements in advance. At the same time, however, it is also clear that technology can sometimes provide strange interpretations.

While animals and general natural phenomena do not receive trademark protection, this protection applies to individually created representations - as in the case of Nemo. The key is therefore in the detail: it is the specific artistic features that ultimately determine legal protection.

Has your sales offer also been wrongly blocked? We would be happy to advise you on how to react. The best way to do this is to send an e-mail to kanzlei@marken.legal or use our contact form.