By Meg Ramsey & The Fortis Trademark Team

With AI rapidly changing the way content is created and shared, brand owners need a legal strategy that keeps pace. Beyond monitoring and enforcement, proactive legal protection is essential. An experienced trademark attorney can assist with putting the critical items listed below into place.  

1. Expand Trademark Coverage 

Register marks in digital-focused classes, including: 

• Class 9 (downloadable digital goods) 

• Class 35 (online retail services) 

• Class 41 (entertainment services) 

• Class 42 (software as a service) 

2. Monitor and Enforce Proactively 

Use IP monitoring tools to track unauthorized use across: 

• Image generators (e.g., Midjourney, DALL•E) 

• Video and voice AI tools 

• Virtual marketplaces and gaming platforms 

3. Update Brand Policies and Contracts 

• Include AI-use clauses in licensing, influencer, and marketing agreements 

• Set clear brand usage guidelines for AI-generated content 

4. Know When to Act 

• Issue takedown requests quickly 

• Pursue litigation when dilution or confusion is likely 

• Balance enforcement with reputation and public relations goals 

AI is rewriting the rules of content, and brand owners must be prepared. Fortis Law Partners trademark attorneys regularly help clients protect their trademarks from infringement, dilution, and emerging threats in the digital era. Contact a member of our Trademark team if you have questions.