New Delhi, Aug 27: Artificial intelligence (AI) can substitute neither the human intelligence nor the humane element in the adjudicatory process, the Delhi High Court has held and said ChatGPT can't be the basis of adjudication of legal or factual issues in a court of law.

Justice Prathiba M Singh stated that the accuracy and reliability of AI generated data is still in the grey area and at best, such a tool can be utilised for a preliminary understanding or for preliminary research.

The court's observations came while dealing with a lawsuit by luxury brand Christian Louboutin against a partnership firm involved in the manufacture and sale of shoes allegedly in violation of its trademark.

The counsel for the plaintiff submitted that "Red Sole Shoe" was its registered trademark in India and placed before court responses by ChatGPT with respect to its "reputation".

"The said tool (ChatGPT) cannot be the basis of adjudication of legal or factual issues in a court of law. The response of a Large Language Model (LLM) based chatbots such as ChatGPT, which is sought to be relied upon by the Counsel for the Plaintiff, depends upon a host of factors including the nature and structure of query put by the user, the training data, etc. Further, there are possibilities of incorrect responses, fictional case laws, imaginative data etc. generated by AI chatbots," said the court in a recent order.

"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," the court observed.

Based on the comparative analysis of the products of the two parties, the court ultimately ruled that the defendant had a "clear intention to imitate and gain monetarily on the strength of the reputation and goodwill" of the plaintiff.

"This Court has no doubt that the products of the Defendant are knock-offs or look-alikes of the Plaintiff's distinctive shoes and footwear. The Defendant has copied all the essential features of the Plaintiff's footwear such as 'Red Sole', 'Spiked Shoe Style', as also the prints. The imitation is not of one or two designs but of a large number of designs as the chart above indicates," the court said.

The defendant agreed to undertake that it shall not copy or imitate any of the designs of the plaintiff's shoes and the court directed that in case of any breach of this undertaking, the defendant would be liable to pay Rs 25 lakh as damages to the plaintiff.

Considering that the defendant was also using the pictures of well-known Bollywood celebrities on its Instagram account and also displayed/sold the shoes in high-end malls, it was directed that the defendant shall pay a sum of Rs 2 lakh as costs to the plaintiff.

Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.



Hyderabad (PTI): During the last 11 months, the Congress government in Telangana has reversed an air of gloom and despair under the previous BRS regime and ended the "darkness", Chief Minister A Revanth Reddy said on Saturday.

He was responding to a post by Prime Minister Narendra Modi that under Congress rule developmental trajectory and fiscal health is turning from bad to worse in Himachal Pradesh, Karnataka and Telangana.

“I am happy to clarify several misconceptions and factual errors in your statements about my state and our government," Reddy said in his post.

Prime Minister Narendra Modi Friday in a series of posts said the Congress stands "badly exposed" in front of people for promising to them what the party knows it will never be able to deliver.

“Every promise made by us to people is a sacred commitment for us. In the last 11 months, we have reversed an air of gloom & despair under BRS, and ended the darkness. Like a morning sun, Telangana is now Rising,” Reddy said in the post addressed to Modi.

Within two days of taking charge, the Telangana government fulfilled its first and second promise - free bus travel for women across all government buses, and a healthcare and hospitalisation cover of 10 lakhs under Rajiv Aarogyasree, the CM pointed out.

Even before completion of first year of rule, the Congress government has implemented India's largest ever, state-level farmer loan waiver of Rs 18,000 crore covering over 22 lakh farmers, he said responding to PM’s comments that in Telangana, farmers are awaiting the (loan) waiver they were promised.

Women get free electricity, with no domestic power charge for their homes up to 200 units, Reddy noted.

The CM also claimed that his government has held the largest recruitment drive and is regularly holding exams of all levels and provided jobs to over 50,000 eligible youth, a record “unmatched by any BJP state government.”

The CM said the government is rejuvenating River Musi, which was allegedly neglected by the previous government and protecting lakes and other precious water bodies, encroached upon and destroyed wantonly with abandon in the last 10 years.