AI In Fashion: Use Cases

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Potter Clarkson

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Potter Clarkson is one of Europe’s leading full-service IP law firms. Our IP attorneys and solicitors maximise the value of our clients' innovation by providing the experience, vision and clarity required to create, protect, leverage and defend their ideas in the most commercial and strategic ways all over the world.
Key considerations from Fashion Law London event. Fashion Law London recently hosted a key fashion and AI event in London, covering pertinent topics surrounding fashion and AI including...
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Key considerations from Fashion Law London event

Fashion Law London recently hosted a key fashion and AI event in London, covering pertinent topics surrounding fashion and AI including use cases, IP, and commercial, data and legislative considerations in this rapidly evolving landscape.

In this article, Eleanor Rockett (London College of Fashion) and Autumn Gibson (Potter Clarkson) report on some of the key issues raised during the first session of the event which concerned use cases for AI in fashion. Except for commentary, all credits go to the event speakers*.

AI IN FASHION: USE CASES

Artificial intelligence (AI) is rapidly growing in fashion and is being utilized in various innovative ways, particularly within the luxury sector. It offers new possibilities for design, production, and customer engagement both in-store and online.

The transformational capacity of AI challenges traditional fashion paradigms by reshaping workflows, changing roles, and necessitating a reassessment of existing legal frameworks to address emerging issues and safeguard IP rights. There are two key IP questions related to determining the impact of AI on fashion, the first related to the data used in the training of the AI model and the second understanding the ownership of the AI generated output.

Speakers gave valuable insights.

USER EXPERIENCE

Major fashion brands such as Farfetch, Mytheresa, and ASOS have made significant investments in AI to enhance customer experiences, including delivering personalised shopping offerings. While the technology being used itself isn't particularly new, its application in fashion has gained considerable attention over the last couple of years, especially with the emergence of widely available tools like ChatGPT.

However, the high costs associated with developing AI tools from scratch can be a barrier to entry for smaller fashion brands. Despite this, smaller brands may use existing AI tools to innovate more quickly, leveraging their agility to experiment and adapt swiftly.

AI is also being used by fashion brands to enhance customer experiences in physical retail stores. Brands use immersive technologies and AI-driven features, often created by third parties, to create engaging in-store experiences. For example, Ombori's technology, adopted by global brands such as H&M, enables brands to offer virtual try-ons in store, allowing customers to see how clothes would look on them without physically trying them on, assisted by a chatbot that provides personalised recommendations.

Microsoft is collaborating on several interesting projects related to fashion and AI, one of which is with Ombori discussed above. Another is with London College of Fashion's (LCF) Fashion Innovation Agency (FIA) whose remit is to demonstrate how emerging technologies can disrupt existing pratice through proof of concept collaborations (see here). The collaboration with Microsoft enables users to collaborate remotely on fashion projects through use of a 'digital twin', with benefits including, for example, reducing material waste during the sampling phase.

COMMENT: Generative AI is key, offering a wide range of possibilities for fashion brands, particularly during each step of the production phase. Brands can use generative AI to "enhance creativity" during the production process, enabling them to use AI to generate initial design ideas which they can then build upon. It can also be used to assist in creating copy, from clothing labels to the website content. Brands will need to ensure that they have the relevant permissions from owners when using their content to generate output using AI tools, so as to not infringe intellectual property rights.

WEARABLE TECH

AI is progressing in relation to wearable technology. Paul Jurcys, co-founder of data platform Prifina, demonstrated sensors embedded in clothing that measure personal metrics, showcasing his blazer, with the technology embedded, tracking various data points. At its most basic, this application is similar to a smart watch but embedded within the fabric. In and of itself, the technology is no new concept, but is being adopted in innovative ways through AI. For example, one skiing brand is adopting the same technology in its ski boots, with the technology monitoring performance and recovery. Users can then interact with an accompanying 'AI ski coach' for real-time feedback and advice based on that user's performance, such as how best to recover.

Another Microsoft collaboration is Zozofit, which takes a customer's precise full body measurements (stored through an app), which can then be applied when purchasing clothes online to determine exactly how that product will fit the customer's body. Zozofit even now has an accompanying suit, the Zozosuit, which users can purchase to enhance precision.

COMMENT: Wearable fashion tech is experiencing fast-paced growth (despite being in and of itself no new concept). In fashion, AI is key for certain wearable tech applications, (such as technology embedded in clothing, enhanced using accompanying AI tools (such as a chatbot app) and AI providing sophisticated clothing recommendations based on tech worn by the customer (such as the Zozosuit).

SUSTAINBILITY

Another key discussion concerned the critical issue of sustainability in fashion. The fashion industry is responsible for substantial waste, which has become even more of an urgent issue in recent years. Whilst true sustainability requires reducing production, AI can help create efficiencies at different stages of the production process. The power of AI can be harnessed to enhance various aspects of the design process such as pattern generation and virtual sampling. Digital design software Clo3D have AI-driven fabric simulation engines that have revolutionised the digital sampling process, supporting a reduction in waste in the early stages of production.On-demand manufacturing, typically seen in haute couture, is now being explored for mass-market fashion. Smaller manufacturers can use AI supported technology to optimise their collaborations to produce only what is needed, reducing excess inventory and waste. AI also plays a role in minimizing returns through better online experiences and virtual try-on which closely mimic in-store shopping. This helps decrease the environmental impact associated with shipping and returning items.

COMMENT: Today, sustainability is a critical issue at the top of most fashion brands' priority lists, particularly in light of the fast fashion epidemic and the EU's legislative proposals requiring fashion brands to take responsibility for the production process. In recent years, many global brands have already began implementing changes to 'be more sustainable'. Efforts include switching to alternative fabrics for garments, such as recycled and organic materials, cutting out plastic bags and delivery notes in delivery boxes and raising awareness of efforts through marketing. Nevertheless, in reality, so long as new garments are being produced, fashion will continue to contribute to global carbon emissions. Despite this, AI can be used as a tool to optimize production and minimize waste so far as possible.

JOB CREATION/LOSS

Indeed, the rise of AI in fashion has sparked concerns among designers about the future of their roles. While AI can supplement the design process, particularly using generative AI (where designers can use an AI tool to generate designs), it also enables consumers to 'become designers' themselves. Generative AI is being used in the production process, from designing the garments to writing labels and product descriptions, as well as generating website content. One brand's technology, showcased in-store in Selfridges, enabled consumers to 'design' their own clothing using a computer screen, which is then instantly produced in-store using a machine. From a digital perspective, Reebok (for example) is allowing customers to design and purchase digital versions of their products for use in virtual environments like Roblox. However, speakers agreed that, particularly in the premium luxury sector, AI is seen as a tool to enhance creativity rather than replace it.

COMMENT: Today, the question of whether AI will replace human jobs is pertinent in a wide range of industries, from professional services, healthcare and construction, to aviation, entertainment, and fashion. In theory, AI could 'replace' many jobs in fashion - for example, sophisticated generative AI tools could be used to create new collections, thereby replacing the need for fashion designers (or reducing the amount of designers needed). Or customers may no longer turn to personal shoppers if they can get the 'same' experience through AI-generated personalised shopping experiences. However, at least for the meantime, the AI tools available are not sophisticated enough to replace the creative role of humans entirely. Indeed, in such a creative sector as fashion, AI is no replacement for true intellectual creativity.

Footnotes

*This article reports on key issues raised by speakers of the Fashion Law London Fashion Reborn: The Age of AI event during the first session titled 'Mapping uses of AI in fashion'. Except for any commentary, credits go to the event speakers during the first session as follows:

  • Kirsty McGregor - Vogue Business
  • Natalie Varma - Farfetch
  • Paul Jurcys - Vilnius University and Prifina
  • Femi Idowu - Microsoft
  • Xuyang Zhu - Taylor Wessing

The event comprised three sessions. For completeness, we set out below a full list of the event speakers:

  • Adriano D'Ottavio - Bird & Bird
  • Benoit Van Asbroeck - Bird & Bird
  • Eleonora Rosati - Fashion Law London
  • Femi Idowu - Microsoft
  • Francine Cunningham – Bird & Bird
  • Giulia Gasparin – Fashion Law London
  • Kirsty McGregor - Vogue Business
  • Natalie Varma - Farfetch
  • Paul Jurcys - Vilnius University and Prifina
  • Sir Richard Arnold - Lord Justice of Appeal (Court of Appeal)
  • Spyridon Sipetas - Fashion Law London
  • Xuyang Zhu - Taylor Wessing

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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