The AI doll box trend in the context of intellectual property law: A case study of AI-generated images based on the identity of Barbie (AI Barbie)

Abstract

This article examines the AI doll box trend, particularly the creation of AI-generated Barbie images as a viral social media phenomenon that raises important issues in intellectual property law. It analyzes the legal risks associated with using generative AI to produce works based on the Barbie identity, which is protected by copyright, trademark, and trade dress law. Using a comparative legal approach, the article reviews statutory provisions, judicial decisions, and regulatory practices in the United States and the European Union to assess the adequacy and limitations of Thailand’s legal framework under the Copyright Act and the Trademark Act. The analysis shows that Thai law currently lacks clear standards for addressing AI-generated works, especially regarding the use of copyrighted materials for model training and the legal evaluation of AI-generated outputs. The article therefore proposes policy recommendations and practical guidelines to reduce legal uncertainty and to promote a balanced approach among intellectual property protection, freedom of expression, and technological innovation.