Can AI Be Confused: AI and the Concepts of Average Consumer and Likelihood of Confusion

Hilal GÜVENKAYA (LL.M.)

Table of Contents

Introduction
1. Definitions
1.1. Trademark and Its Functions
1.2. Average Consumer
1.3. Likelihood of Confusion
1.4. Artificial Intelligence
1.4.1. Types of AI Related to Research Subject
1.4.1.1. Intelligent Personal Assistants
1.4.1.2. Chatbots
1.4.1.3. AI-Driven Platforms and Recommender Systems

2. Interrelation of AI and the Concepts of the Average Consumer and the Likelihood of Confusion
2.1. AI and the Human Average Consumer
2.1.1. AI's Role in the Purchasing Decision and Its Impact on the Confusion of Human Average Consumer
2.1.2. Google Effect
2.1.3. AI-Driven Platforms and Consumer Choice
2.1.4. The Role of Post-Sale and Initial Interest Confusion in AI-Assisted Purchases
2.2. AI as the Average Consumer
2.2.1. Can AI Be Confused?
2.2.2. Feedback Loops, Manipulation and Likelihood of Confusion

3. Current State of Play and Future Directions
3.1. Analogy Between AI-Powered Product Suggestions and Keyword Advertising
3.2. Impact of AI on Consumer Search Cost and Likelihood of Confusion
3.3. Machine Readable Formats as New Unconventional Trademarks
Conclusion

List of Legislation
List of Case Law
Bibliography