• by Ray Schultz , Yesterday

Publishers using OpenAI or Open AI products may now have the confusion cleared up as to the name.

OpenAI has won its federal trademark lawsuit against Open Artificial Intelligence, a provider of AI tools, although both firms had at least some claim to the name. 

“The Court permanently enjoins defendants from using the Open AI mark,” U.S. Judge Yvonne Gonzalez Rogers ruled in declaring a summary judgment for OpenAI. 

The decision is based on the finding that consumer perception clearly associates the OpenAI mark with OpenAI. In addition, OpenAI has advertised the mark while introducing widely publicized products, and has participated in industry conferences and been active in social media. 

Its extent of use is also beyond question, the judge said.

In its 2023 complaint, OpenAI alleged that the defendants “unlawfully adopted the name ‘Open AI’ after OpenAI began operations, evidently to sow consumer confusion by falsely associating themselves with OpenAI.”

However, Open Artificial Intelligence offered this narrative: 

“On December 11, 2015—nearly nine months after (founder Guy) Ravine began using the Open AI branding in connection with his Initial Collaboration Tool, website and pitches, and had spent over $50,000 on his initiative—Altman, Brockman, and Musk publicly announced that they were forming 'OpenAI, Inc.'” 

That very day, Ravine filed an application to register the Open AI mark, thus preventing OpenAI from trademarking the name. But OpenAI has argued that Ravine and company did not actually use the name in commerce.

Rogers noted that OpenAI seeks to “cancel Ravine’s trademark on the Supplemental Register.” 

It was not clear at deadline if there will be an appeal. The case is on file with the U.S. District Court for the Northern District of California, Oakland division.