A Playbook for the Basics of IP in the AI Era

Overview

The fundamentals of intellectual property haven’t changed, but the stakes and speed of enforcement have.

‍

In today’s digital-first, AI-accelerated world, teams can no longer rely on traditional IP protections alone. Whether you’re launching a brand, expanding globally, or combating sophisticated infringement tactics, your IP strategy must be proactive, data-driven, and future-proof.

‍

This playbook outlines the new fundamentals of IP protection in 2025 and beyond by covering trademark best practices, risks posed by AI and emerging tech, and how modern tools like Marq Folio are helping teams protect their most valuable assets.

‍

Watch the Full Interview

‍

‍

Table of Contents

‍

1. What Counts as IP in 2025 (and Why It’s Getting Complicated)
2. Why Trademarks Still Matter—and How to Use Them Strategically
3. The Rise of AI Infringement: Style Theft, Ghibli-fication, and Copyright Confusion
4. Trademark Squatting in China (and Other Costly Mistakes)
5. A Visual Walkthrough: How Filing a Trademark Actually Works Now
6. Case Study: How Marq Folio Helped a Korean Brand Reclaim Its Identity in China
7. The Future of IP: How AI, the Metaverse, and Global Enforcement Are Colliding

‍

1. What Counts as IP in 2025 (and Why It’s Getting Complicated)

‍

There are five major categories of IP, and each one is becoming more complex. Read the definitions below, and review our glossary for more essential brand protection terms to get yourself familiar.
‍

‍

‍

“Your IP is your proof of ownership—like a deed for your digital property. Without it, you’re open to copycats, confusion, and lost revenue.”

—Sungbin Kim, Product Manager, Marq Folio

‍

2. Why Trademarks Still Matter, and How to Use Them Strategically

Trademarks are the backbone of brand protection. But many brands still underestimate how important and fragile they are, especially during international expansion.

Five Critical Trademark Missteps to Avoid:

1. ‍Assuming protection in one country = global coverage
   Trademarks are jurisdiction-specific. Just because you’ve filed in the U.S. doesn’t mean you’re protected in China, the EU, or emerging markets.
   ‍‍
2. Delaying filing until after go-to-market
   Waiting until your product is live to register your trademark gives bad-faith actors a window to squat your IP—especially in high-risk regions like China.
   ‍‍
3. Ignoring niche classes or emerging goods (e.g., digital collectibles)
   Trademarks are only enforceable in the classes you register. Overlooking categories like NFTs, metaverse items, or virtual cosmetics or avatars leaves your IP exposed.
   ‍‍
4. Failing to monitor for lookalikes during the opposition window
   Most jurisdictions allow public opposition before a trademark is finalized, but it’s a tight window. Without trademark watch tools, you could miss your only chance to stop a confusingly similar mark.
   ‍‍
5. Underestimating the cost—and timeline—of recovering a squatted trademark
   As seen in the Manolo Blahnik and Plumtree Software cases below, reclaiming a trademark can take years and cost hundreds of thousands of dollars. Filing first isn’t just smart, it’s financially critical.
   ‍

“Chronology is everything. If you don’t register early, someone else will. And you’ll pay dearly to get it back.”

—Charlie Abrahams

‍

3. The Rise of AI Infringement: Style Theft, Ghibli-fication, and Copyright Confusion

‍

Generative AI has ushered in an era where it’s easy to replicate an iconic visual style without copying a single pixel. From Disney-like animations to Studio Ghibli-inspired portraits, millions of users are uploading their personal images into AI engines and receiving stylized outputs that mimic the look and feel of famous creators.

As consumers, these tools are fun. But for rights holders? They’re a nightmare. Why?

Because under current law in most jurisdictions, copyright only protects “fixed, original works of expression.” That means a photo, drawing, or song must be reproduced exactly—or nearly so—for infringement claims to succeed. Style mimicry, no matter how unmistakable, falls into a legal gray zone.

Japan Is Taking Notice

Japan, the birthplace of anime and home to some of the most globally recognizable visual IP (like Pokémon, Dragon Ball Z, and One Piece), is among the first governments actively considering new legislation to address this issue. Lawmakers are evaluating whether AI-generated content that mimics a specific artist’s style—without directly copying their work—should be subject to IP enforcement.

‍

This could mark a pivotal shift in how style, tone, and visual language are protected under copyright law.

How Technology Might Fill the Gap

While the law plays catch-up, technology is starting to fill the enforcement gap. At MarqVision, our engineers recently built an internal experiment: an AI-powered tool that detects whether an image has been transformed into a Studio Ghibli-style illustration, even if the image is entirely new and not an exact copy of any protected artwork.

‍

We tested the system on well-known memes like Disaster Girl and Skeptical Kid, uploading their Ghibli-fied versions. The engine returned near 100% confidence that the style matched the Ghibli aesthetic. When tested with a similar but non-Ghibli animation (like One Piece), the system correctly flagged it as not Ghibli-style.

‍

‍

“We’re entering a gray zone where the law hasn’t caught up—but the threats are real. Tech is the only thing that can keep pace.”

—Christina Kim, Head of Marketing, MarqVision

TL;DR:

• Copyright still requires “fixed, original expression”
• Style mimicry may not be enforceable under current law
• Platforms and AI tools will increasingly serve as enforcers before regulators do

‍

4. Trademark Squatting in China (and Other Costly Mistakes)

‍

Two examples brought this lesson home:

‍

Plumtree Software: Held Hostage in Europe:

‍

Before joining the IP and brand protection world, Charlie Abrahams served as the first European employee at a fast-growing U.S. tech startup called Plumtree Software.

‍

While the company was making waves in North America, a bad-faith actor in Europe quietly registered the name “Plumtree Software” as a trademark before the company expanded internationally or filed its own marks abroad.

‍

“As soon as we started marketing in Europe, this person put their hand up and said, ‘Hey, we own the trademark here. You’re infringing.’” —Charlie Abrahams

‍

The squatter demanded a substantial payout, knowing that Plumtree would either have to pay to recover the trademark—or completely rebrand in Europe. The company was essentially held ransom over its own name due to a simple failure to file early.

‍

Manolo Blahnik: A 22-Year Legal Battle in China:

‍

The luxury shoe designer Manolo Blahnik, popularized globally by Sex and the City, faced a similar but even more drawn-out battle.

‍

Despite owning the name and brand globally, Blahnik had not registered the trademark in China during the company’s early years. A bad-faith actor did it first.

“They didn’t think they’d be doing business in China at the time. But years later, as they expanded, they couldn’t enforce their own trademark on local platforms.” —Charlie Abrahams

‍

Without ownership of the trademark in China, Blahnik’s team couldn’t remove counterfeits, secure marketplace listings, or even market the brand legally in the region.

‍

It took over two decades of litigation to reclaim the rights (not to mention millions of dollars in legal fees). Only in 2022 did the company finally win back its trademark in China.

‍

“Register first. Always. Especially in China. A $200 filing fee today can save you $150,000+ later.”

—Sungbin Kim

‍

5. A Visual Walkthrough: How Filing a Trademark Is Easier Than Ever

With Marq Folio, registering and protecting your trademarks globally is no longer a legal slog. The platform guides you through a streamlined, step-by-step workflow designed for both speed and accuracy:

1. Select type of IP: Wordmark, logo, composite, or design right
2. Choose the Nice Class: Based on product description or auto-suggestion
3. Pick jurisdictions: Target markets like China, Indonesia, etc.
4. Submit and review: Includes eligibility report and expert consultation
   
   ‍

‍

Then, Stay Protected with Folio Watch:

Filing is just the first step. With Folio Watch, you get proactive trademark monitoring that alerts you when someone applies for a similar mark, giving you a critical window to file an opposition before it’s too late.

‍

“Most companies don’t realize they only have a short opposition window. Folio Watch makes sure you don’t miss it—and keeps your IP portfolio protected as you grow.”

‍

Together with filing and watch services, Marq Folio gives you end-to-end control: from global registration to ongoing protection, all in one platform.

‍

6. Case Study: How MUARMUS Reclaimed Its Trademark in China and Rescued Its Market Launch

‍

When Korean fashion brand MUARMUS began preparing to enter the Chinese market, it had all the right pieces in place: strong brand recognition at home, growing global demand, and a strategy to expand through local eCommerce platforms.

‍

But there was one major problem.

‍

Their trademark had already been registered in China—by someone else.

Like the Manolo Blahnik example, a bad-faith actor had squatted on the MUARMUS name, filing for the trademark before the company had a chance to. This meant MUARMUS was legally blocked from using its own brand name on Chinese platforms like Tmall and JD.com, jeopardizing their entire market entry plan.

How Marq Folio Helped Turn It Around

‍

MUARMUS turned to Marq Folio’s expert trademark team, which quickly launched an invalidation process, which is a legal procedure that challenges a previously registered mark on the grounds of bad faith.

‍

Here’s what happened next:

• ✅ Rapid assessment and filing: Our legal experts built a strong invalidation case, using evidence that MUARMUS had long been operating under the name and that the squatter had no legitimate claim to the mark.
• ✅ Successful invalidation: The Chinese authorities ruled in MUARMUS’s favor, invalidating the squatted trademark.
• ✅ Full brand recovery: MUARMUS was granted full rights to its name, clearing the path for product listings, social media, and brand marketing.

Business Impact

‍

With Marq Folio’s support, MUARMUS was able to:

• Avoid months of costly downtime that would have delayed eCommerce and revenue
• Proceed with onboarding to key Chinese platforms and marketplaces
• Protect its IP assets in a high-risk, high-growth market
• Build brand trust with partners and customers by owning its identity across regions

The Takeaway

‍

MUARMUS’s story is a warning to fast-growing brands:

If you don’t file your trademark early in global markets, someone else might, and they won’t give it back without a fight.‍

‍

7. The Future of IP: AI, the Metaverse, and Cross-Border Enforcement

‍

So what’s coming next? Here's what we've been seeing out in the field and what legal and brand should ebe on the lookout for:

• AI voice and image mimicry will test the limits of copyright law
• Metaverse goods will raise questions about whether digital items are protected by physical design rights
• IP enforcement tech will become table stakes for maintaining platform compliance and global marketplace access

‍

“Ownership is getting fuzzier. But the need for protection is clearer than ever. In a digital-first world, IP is your launchpad—and your moat.”

Final Takeaways

✅ File early, especially in China and other high-risk markets

✅ Use technology to detect and prove infringement faster

✅ Don’t wait for law to catch up. Lean on platforms and AI

✅ Treat IP as your brand’s foundation, not an afterthought

‍

Want to Talk Strategy?

Whether you’re expanding globally, battling infringement, or trying to streamline your trademark portfolio, MarqVision can help. Schedule a free consultation today by completing the form here on this page or here today.

‍

‍