The Delhi High Court recently observed that ChatGPT could not substitute human intelligence or the humane element in the adjudicatory process. This determination was rooted in concerns regarding the accuracy and reliability of AI-generated data, which remains a subject of uncertainty.
The Court’s observation came while passing a decision in a trademark infringement suit in Christian Louboutin Sas & Anr. v. Shoe Boutique – Shutiq, dated August 22, 2023.
By way of background, the French luxury shoemaker, Christian Louboutin, enjoys global recognition, including in India, for their iconic “Red Sole” heeled shoe designs and spiked shoes, which have been under their registered trademark since 2012. These distinctive shoes, not only trademarked but also endorsed by numerous renowned celebrities, have gained further prominence through appearances in popular TV series and films. Shutiq imitated Christian Loubutin’s high-end shoe line, manufacturing similar products on a “made on order” basis when the customers specifically requested them.
The Court ruled that artificial intelligence responses generated by ChatGPT and relied upon by the Plaintiff, cannot serve as the foundation for deciding legal or factual disputes in a Court of law. AI systems like chatbots have the potential to generate inaccurate responses, fictitious legal precedents, creative facts, etc., raising questions about their reliability and accuracy. Further, at the current stage of technical advancement, artificial intelligence cannot anyhow replace human intelligence or the humanistic component of the adjudicative process. These tools may be used for initial understanding or preliminary study, but cannot replace human judgments.
The Court directed Shutiq to refrain from imitating any of the designs of the Christian Louboutin shoes. In the event of breach of this undertaking, Shutiq would be liable to pay damages of Rs. 25 lakhs.