OpenAI Inc. has successfully maintained its hold on the “Open AI” trademark, as the Ninth Circuit Court of Appeals supported a preliminary injunction that prevents technologist Guy Ravine from using the mark amid an ongoing dispute. The decision is rooted in the court’s assessment that OpenAI is likely to demonstrate its first use of the mark in commerce, a key aspect for establishing trademark rights. This ruling underscores a contentious legal battle involving OpenAI’s name, which Ravine claims to have used prior to OpenAI gaining significant recognition according to Bloomberg Law.
The central issue revolves around which party established trademark rights first. Ravine’s entity, Open Artificial Intelligence Inc., holds a supplemental trademark registration from 2015 and claims early use of the mark. Conversely, OpenAI argues that its consumer recognition, bolstered by the success of its DALL-E image-to-text generator and subsequent offerings, provides a basis for its trademark claim. The Ninth Circuit noted the significant consumer recognition that OpenAI has achieved, which is essential for proving the use of descriptive marks in commerce.
The case has also involved the U.S. Patent and Trademark Office (PTO), which Ravine argues should have been credited with findings that OpenAI had not established consumer recognition as a source indicator. Despite these claims, OpenAI’s position remains robust with the court’s backing. The legal teams are represented by Quinn Emanuel Urquhart & Sullivan LLP for OpenAI and Bird Marella Rhow Lincenberg Drooks & Nessim LLP for Ravine and Open Artificial Intelligence Inc.
The broader legal narrative is ongoing in the case titled OpenAI v. Open Artificial Intelligence Inc., in the Ninth Circuit under case number 24-1963. This ruling is a pivotal moment in the case, with implications for both parties as the dispute continues through the courts.