AI and brand protection: Why I never use third-party logos in AI images

I work daily with generative AI tools like Midjourney, ChatGPT, and other image generation systems. A question I'm often asked: "Why don't you use well-known brands or celebrities in your AI images – wouldn't that look so professional?"

My answer is unequivocal: Out of respect for intellectual property and legal certainty for my clients.

The problem runs deeper than you think

Generative AI systems are trained on billions of images – many of them protected by copyright. When you prompt an AI tool to create an image "in the style of Pixar" or generate a logo, the tool may inadvertently reproduce protected elements.

And here's where it gets critical: With trademark violations, your intention doesn't matter. Even if the AI unintentionally mimics a protected logo, you can be held liable. This distinguishes trademark law from copyright law – where independent creation might still be an argument.

Legal situation: Not new, just easier to violate

Let me be clear upfront: I'm not a lawyer. But my research shows clearly: The protection of intellectual property isn't an invention of the AI era. Long before generative AI existed, action was taken against plagiarism, trademark infringement, and unauthorized use.

The Internet never forgets – and neither do rights holders

Anyone who believes AI opens a new dimension of legal enforcement should remember the past:

Getty Images and other photo agencies have been systematically searching the internet for years for unauthorized use of their images – with reverse image search, crawlers, and automated cease-and-desist letters. Anyone using a licensed image without permission often receives a hefty bill.

The principle was always the same:

• Someone uses protected material without a license

• The rights holder discovers it (manually or automatically)

• A cease-and-desist or lawsuit follows

What changes with AI:

• The likelihood of unintentional infringement increases dramatically

• Traceability becomes more difficult ("Did the AI copy that?")

• The legal situation is still unclear (but developing quickly)

Concrete examples from the AI era:

• Getty Images vs. Stability AI (2023): Getty sued Stability AI because the model was trained with their protected images – and Getty watermarks even appeared in generated images

• Disney, NBCUniversal, Warner Bros. vs. Midjourney (2025): The studios called Midjourney a "bottomless pit of plagiarism" and sued the tool for training with protected characters

AI doesn't make the problem new – it just makes it easier to accidentally fall into the trap. So why take the risk when I can rely on my own, original brand elements from the start?

What (currently) applies in Switzerland:

• Only human creations enjoy copyright protection (Art. 2 URG)

• Purely AI-generated content without human creative input is likely not protected

• HOWEVER: If AI reproduces protected content from training data, that content remains protected

• Use may constitute copyright infringement, even if unintentional

The three major risk areas:

1. Logos and brands An AI-generated logo might accidentally resemble the Nike swoosh or contain Disney-like characters. The risks: trademark infringement, dilution of famous brands, or false product endorsement.

2. Public figures and celebrities Personality rights protect every person – and the "right of publicity" (especially in the U.S.) gives celebrities control over commercial use of their identity. Precedents like Midler v. Ford Motor Co. (1988) or the George Carlin case (2024) show: Courts take this seriously.

3. Protected artworks and styles "In the style of..." is dangerous. Even if you don't mention the name, recognizable imitation of a protected style can cause legal problems.

My approach: Clear boundaries as competitive advantage

That's why I've chosen a clear, legally sound path:

✅ No third-party logos – only my own brand elements

✅ No third-party brands – original visual identities

✅ No celebrities or public figures – respect for personality rights

✅ Transparency – honesty about AI usage

Legal Security Also Structurally: The Ltd. Incorporation

These legal considerations have shaped not only my daily work but also my business structure. I founded Ask Harriet as a Ltd. (limited liability company) – a conscious decision for liability reasons.

Why? The legal landscape around AI is developing so rapidly that uncertainties remain even with the greatest care. A Ltd. offers:

• Limited liability: Company assets are liable, not my personal assets

• Professional signaling: Shows clients I take the business seriously

• Legal clarity: Clean separation between business and private life

• Future security: Even when new judgments or laws come

In a field where the legal situation evolves monthly, this structural safeguard is for me not only commercially sensible – it's part of my responsibility to myself and my clients.

This isn't a limitation – it's a professional commitment. Clients who work with me receive:

• Legal certainty: No worries about potential lawsuits

• Originality: Unique visual identities, no imitations

• Authenticity: Brands based on their own values

• Future security: Content that holds up even with changing legal situations

What the future holds

The legal landscape is evolving rapidly. I expect in the coming years:

• Further court rulings on AI training and copyright

• New legislation at EU and national levels (AI Act implementation)

• Standardization of licenses for AI training data

• Comprehensive international frameworks for AI and intellectual property

Conclusion: Human First means respect

Human First – the core principle of my business (HI + AI = ROI) – also means respecting human creativity and rights - and practice brand protection. The principles that applied before AI remain valid: plagiarism, trademark theft, and unauthorized use of others' identities have always been illegal.

What has changed? Only how easy it's become to violate unintentionally. That's why a clear, ethical approach isn't just legally required – it's also good business.

Want to learn more? Download my free whitepaper "AI and Brand Protection" for a comprehensive overview with all sources.

2025-11 Ask_Harriet_AI_Brand_Protection_Whitepaper EN.pdf

Download PDF • 206KB

Legal Notice: This post is for informational purposes only and does not constitute legal advice. For specific legal questions, please consult a qualified legal advisor.