ChatGPT and Delhi HC
The Delhi High Court recently said that responses from Artificial Intelligence (AI) chatbots like ChatGPT cannot form the basis for adjudication of legal or factual issues in a court of law [Christian Louboutin Sas & Anr v M/s the Shoe Boutique – Shutiq].
Justice Prathiba M Singh said that ChatGPT cannot substitute either human intelligence or the humane element in the adjudicatory process and that at best, it is a tool that can be utilised for a preliminary understanding or for preliminary research and nothing more.
The Court highlighted that the response of a Large Language Model (LLM) based chatbots such as ChatGPT depends upon a host of factors including the nature and structure of query put by the user, the training data and there are possibilities of incorrect responses, fictional case laws or imaginative data generated by these chatbots.
“Accuracy and reliability of AI generated data is still in the grey area. There is no doubt in the mind of the Court that at the present stage of technological development, AI cannot substitute either the human intelligence or the humane element in the adjudicatory process. At best, the tool could be utilised for a preliminary understanding or for preliminary research and nothing more,” Justice Singh said.
The Court made these observations while dealing with a suit filed by French footwear and accessories company Christian Louboutin which is famous for its red sole and spiked shoe style.
It alleged that a firm by the name 'The Shoe Boutique – Shutiq' was manufacturing identically designed shoes in several cities in India.
Advocate Pravin Anand appeared for Christian Louboutin and said that the reputation of the plaintiffs can also be evaluated based on a ChatGPT query.
When the chatbot was asked “Is Christian Louboutin known for spiked men's shoes?”, it answered in the affirmative.
However, the Court noted that when other questions were put to ChatGPT, it said there are several brands known for manufacturing and selling shoes with spikes and studs and that Christian Louboutin is one of them. When it was asked for a list of such brands, it gave a list of ten including the plaintiff.
On the issues raised in the suit, the Court concluded that the defendants’ products are indeed know-offs of the plaintiff’s distinctive shoes and footwear and that Shutiq has copied all the essential features of Christian Louboutin.
“The imitation is not of one or two designs but of a large number of designs as the chart above indicates. The acts of the Defendant are nothing more but an attempt to pass off its own goods as the goods of the Plaintiffs,” the Court said.
Justice Singh, therefore, recorded the undertaking of the proprietor of the defendant company that it shall not copy or imitate any of the designs of the plaintiffs’ shoes.
“If any breach of this undertaking is found, the Defendant would be liable to pay a lump sum amount of Rs.25 lakhs as damages to the Plaintiffs immediately upon such evidence coming to notice of the Plaintiffs. In addition, considering the fact that the Defendant is also using the pictures of well-known Bollywood celebrities on its Instagram account, etc., and also has displayed/ sold the shoes in high end malls, it is directed that the Defendant shall pay a sum of Rs.2 lakhs as costs to the Plaintiffs within four weeks… The Plaintiffs are also given a refund of 50% of Court fees," the Court ordered.
Advocates Pravin Anand, Dhruv Anand, Udita Patro and Nimrat Singh appeared for Christian Louboutin.
Defendant Shutiq was represented through advocates Amit Verma and Siddhartha Luthra.
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