Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherBrowse by ChannelAbout the NetworkJoin the NetworkProductsSub-MenuProducts OverviewBlog ProBlog PlusBlog PremierMicrositeSyndication PortalsAbout UsContactSubscribeSupport
Book a Demo
Search
Close

The Role of Artificial Intelligence in Fashion and Beauty

By Brooke Erdos Singer of Davis+Gilbert LLP, Paavana L. Kumar of Davis+Gilbert LLP & Amy Mittelman formerly of Davis+Gilbert LLP on September 10, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

The use of artificial intelligence (AI) in the fashion and beauty industries — and the marketing of the same — has steadily gained traction over the last few years and it’s not hard to see why. AI provides a myriad of opportunities and potential applications within the fields of fashion and beauty, but it can also be a double-edged sword presenting several potential legal issues.

The fashion and beauty industries have begun implementing AI over the last several years, offering a number of new and innovative services like bespoke digital styling solutions, the ability to “try-on” clothing and makeup digitally, creating individualized apparel, accessories, and makeup products and targeted marketing and sales, all of which employ AI to track, understand and respond to their customers’ preferences. Specifically, brands have been employing the use of technology such as magic mirrors (allowing consumers to test merchandise digitally) and data analysis to prepare personalized products (anything from hair color, to bespoke clothing, to customized makeup palettes tailored to complexion and coloring). Brands can track consumer purchases, analyze purchase history (both frequency and content), and use the data to more effectively market and sell personalized styles. The attraction for consumers is clear — not only do these opportunities save time, but they also provide unique products and services, an increasingly hot commodity nowadays. Although the collection and analysis of personalized data provides an invaluable opportunity to gain and retain customers and create targeted marketing, it also presents data privacy and security issues. Consumers are increasingly concerned about the protection of their data, and the constant evolution and globalization of laws governing the collection and use of consumer data (and the steep penalties for noncompliance) make data security even more of a priority. Further, the collection of sensitive data — photographs of physical characteristics and facial features, biometric data — is even more heavily regulated. Companies must implement and maintain adequate security controls, confirm compliance with relevant regulations, and respond quickly to any threatened breach.

AI is also gaining traction in the actual design process, with the use of algorithms that analyze existing designs and sales patterns, identifying the elements that are most profitable, before utilizing that data to create a design that incorporates those specific elements. In conjunction, AI is being used elementally to generate specific fabric patterns and designs, clothing silhouettes and fashion sketches. When a design is created entirely through AI or in collaboration with some human oversight, to whom would that design belong? The designer? The individual who built the machine or program? Fashion design is notoriously difficult to protect, but how might designers pursue protection, when actual ownership is, as yet, an undetermined legal question?

When utilizing AI in any step of the design process, companies should ensure that the governing services contract directly addresses the ownership of any intellectual property created thereunder in order to protect themselves against potential challenges.

Key Takeaways:

  • Using AI is an attractive and potentially lucrative endeavor that may trigger complex legal issues. However, particular attention must be paid to data protection and intellectual property ownership.
  • Companies in the fashion and beauty industries using AI should consult with legal counsel before implementing AI so that privacy and data security and issues of intellectual property ownership can be properly addressed and managed before any potential issue arises.

Connect with Brooke, Paavana and Amy on LinkedIn. 

Photo of Brooke Erdos Singer of Davis+Gilbert LLP Brooke Erdos Singer of Davis+Gilbert LLP

Brooke Erdos Singer helps clients achieve brand success, coordinating the myriad of trademark, contract, advertising and marketing issues businesses face. She advises a wide variety of U.S. and international clients that range from startups to celebrities and iconic brands. 

Brooke takes a 360-degree…

Brooke Erdos Singer helps clients achieve brand success, coordinating the myriad of trademark, contract, advertising and marketing issues businesses face. She advises a wide variety of U.S. and international clients that range from startups to celebrities and iconic brands. 

Brooke takes a 360-degree view of brands, and is often involved at the outset of product or campaign development. Because she combines counseling, transactional and litigation experience, Brooke is able to anticipate how creative decisions may play out in various scenarios. Clients rely on her for guidance on trademark clearance, prosecution, portfolio management, brand monetization, brand protection and enforcement. Acting as an integral member of the client’s team, she is a valued early reviewer who can spot risk and find commercially viable alternatives when needed. In addition, her insights help clients navigate international legal and cultural issues in marketing campaigns.

Clients appreciate Brooke’s practical, eyes-on-the-prize approach. She is creative and flexible and doesn’t get mired in nonessential details. Whether the matter involves a professional service agreement, a talent contract or a trademark license, Brooke keeps her clients’ priorities and interests firmly at the forefront.

In the event of disputes, Brooke works closely with the firm’s litigation team to craft compelling arguments or early resolutions that are consistent with her client’s overall goals.

Knowledgeable, reliable, candid, efficient and practical, Brooke makes each client feel seen, heard and well represented. She works extensively in the advertising, entertainment, fashion and beauty, food and restaurant, and gaming industries.

Read more about Brooke Erdos Singer of Davis+Gilbert LLPEmailBrooke's Linkedin Profile
Show more Show less
Photo of Paavana L. Kumar of Davis+Gilbert LLP Paavana L. Kumar of Davis+Gilbert LLP

Paavana Kumar helps major advertisers and retailers assess risk as they create compelling campaigns, run high-exposure promotions and streamline the online customer experience. She is a particular asset to clients seeking to leverage influencer talent, engage more creatively on social media, and reimagine…

Paavana Kumar helps major advertisers and retailers assess risk as they create compelling campaigns, run high-exposure promotions and streamline the online customer experience. She is a particular asset to clients seeking to leverage influencer talent, engage more creatively on social media, and reimagine their online e-commerce and subscription programs.

Paavana’s ability to assess problems and provide quick, efficient risk assessments enables her to partner effectively with companies across industries, especially those pursuing a deeper e-tail focus. She is a sounding board for C-suite executives and general counsel when making high-stakes judgment calls about social media opportunities, FTC disclosure requirements and major changes to their business models.

As many clients move toward subscription models, Paavana’s knowledge of the highly regulated automatic renewal and negative option laws across all 50 states enables her to help companies draft transparent marketing disclosures and design compliant user flows. She also advises on high-exposure consumer promotions, including sweepstakes, contests, loyalty rewards and gift cards, cause marketing and donation programs, text message and email marketing, and major entertainment and sports collaborations.

Whether she’s counseling on a discrete issue or working with global legal teams for clearance for an international campaign, Paavana delivers practical advice with enthusiasm and a sense of humor. She is a recognized thought leader who frequently speaks and writes about leading-edge e-commerce and influencer marketing topics for in-house counsel and industry stakeholders.

Paavana actively supports the firm’s recruiting efforts and enjoys mentoring summer associates.

Read more about Paavana L. Kumar of Davis+Gilbert LLPEmailPaavana's Linkedin Profile
Show more Show less
Amy Mittelman formerly of Davis+Gilbert LLP

Amy Mittelman is formerly with Davis+Gilbert LLP

Read more about Amy Mittelman formerly of Davis+Gilbert LLPEmail
  • Posted in:
    Featured Posts, Intellectual Property
  • Blog:
    ILN IP Insider
  • Organization:
    International Lawyers Network
  • Article: View Original Source

LexBlog, Inc. logo
Facebook LinkedIn Twitter RSS
Real Lawyers
99 Park Row
  • About LexBlog
  • Careers
  • Press
  • Contact LexBlog
  • Privacy Policy
  • Editorial Policy
  • Disclaimer
  • Terms of Service
  • RSS Terms of Service
  • Products
  • Blog Pro
  • Blog Plus
  • Blog Premier
  • Microsite
  • Syndication Portals
  • LexBlog Community
  • Resource Center
  • 1-800-913-0988
  • Submit a Request
  • Support Center
  • System Status
  • Resource Center
  • Blogging 101

New to the Network

  • Tennessee Insurance Litigation Blog
  • Claims & Sustains
  • New Jersey Restraining Order Lawyers
  • New Jersey Gun Lawyers
  • Blog of Reason
Copyright © 2025, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo