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Identical by Design: AI’s Threat to Trademark Distinctiveness in the Fashion and Creative Industries

January 26, 2026 | Ruhana Chowhan

The arrival of artificial intelligence has transformed various sectors, particularly the fashion and creative industries. While AI offers remarkable efficiencies and capabilities, it simultaneously poses a significant threat to originality by default resorting to uniform expressions for the final result, an essential characteristic of artistic expression. This phenomenon, often described as AI homogenization[1], is no longer just a cultural concern. It is evolving into a trademark distinctiveness crisis, with direct implications for Canadian and global IP law.

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