2026 Sir Hugh Laddie Lecture: Trade Mark Law, AI, and Sustainability with Prof Martin Senftleben

The 2026 Sir Hugh Laddie Lecture in June 2026 was on Trade Mark Law, AI, Sustainability – Normative “Average Consumer” Concepts for the Dual Transition to AI-driven, Circular Commerce with Professor Martin Senftleben, Institute for Information Law (IViR), University of Amsterdam Chaired by Professor Sir Robin Jacob About this talk: The “reasonably well-informed and reasonably observant and circumspect” average consumer is a normative construct of European trade mark law. It offers the opportunity to inject policy objectives into the assessment matrix for registration and infringement decisions. A normative consumer conception also supports harmonization goals. Divergent empirical consumer realities across countries and regions can be brought under a common normative denominator. A normative perspective allows trade mark tribunals to base decisions on general – normative – assumptions about consumer perception and consumer behaviour. In line with CJEU jurisprudence, the average consumer is not in the habit of making assumptions about the origin of goods based on their shape or colour. An enhanced risk of consumer confusion is assumed in cases involving marks with a reputation – even though consumers know each and every detail of these marks. In keyword advertising cases, the CJEU added flexibility for new advertising services by switching to the “reasonably well-informed and reasonably observant internet user.” For determining whether a sign conflicts with morality, the perception of “a reasonable person with average thresholds of sensitivity and tolerance” is decisive. The ruling in C-298/23, Inter IKEA Systems, may bring political campaigns within the scope of trade mark law and require the development of a specific consumer prototype to safeguard freedom of political expression. Considering the potential of normative consumer concepts to shape trade mark decisions, Professor Senftleben will discuss the need for new conceptions in the light of the dual transition to AI-driven marketing and a circular economy. While AI is often seen as a consumer empowerment tool, challenging the central role of trade marks in product information and search cost reduction, the lecture will demonstrate that the use of generative AI also increases consumer vulnerability and requires a refinement of the average consumer formula. In the sustainability debate, consumer awareness of repair and upcycling practices must be assumed to give the circular economy the opportunity to expand. Recommending normative recalibrations, the lecture will also explore whether a fruitful interplay with empirical findings is still possible in trade mark disputes. About the Laddie Lecturer: Martin Senftleben is Professor of Intellectual Property Law and Director, Institute for Information Law (IViR), University of Amsterdam. He also works as an Of Counsel at Bird & Bird, The Hague. His activities focus on the reconciliation of private intellectual property rights with competing public interests of a social, cultural or economic nature. Current research topics include generative AI systems and trade mark infringement risks; platform and digital ecosystem regulation; behavioural advertising and consumer empowerment; the development of sustainable intellectual property policy. Professor Senftleben is a member of the Benelux Council for Intellectual Property. He provided advice to the World Intellectual Property Organization in copyright, trademark and unfair competition projects. For the European Commission, he prepared studies on data access and reuse in research contexts. He is a member of the Trademark Law Institute (TLI), the European Copyright Society (ECS) and the Executive Committee of the Association littéraire et artistique internationale (ALAI). His numerous publications include European Trade Mark Law (with Annette Kur, 2017), The Copyright/Trademark Interface (2020) and Fashion Upcycling and Trademark Infringement – A Circular Economy/Freedom of the Arts Approach (2025).