I wonder how that trademark logic would apply to something like OpenGL.
OpenAI loses trademark dispute at EU court
81–90 of 177 posts
Re: OpenAI loses trademark dispute at EU court
#82Earlier quoted context omitted.
First of all, can you explain what an "open text" is? Second, as far as I can find through the French IP office (INPI), OpenText (single word) is trademarked as a figurative trademark (meaning they are basically protecting the image of the logo), not a verbal trademark.[0] Which is what you typically do when you know that your trademark is too likely to be rejected (as being too descriptive), but you want to give it…
All OpenText EUIPO trademarks I can find are also figurative https://www.tmdn.org/tmview/#/tmview/results?page=1&pageSize...
Maybe I'm using that website wrong but I clicked on "Word" as a filter and got these that are not figurative :
https://www.tmdn.org/tmview/#/tmview/results?page=1&pageSize...
Re: OpenAI loses trademark dispute at EU court
#83Weird decision, if so I wonder what would they say about other trademarks like Apple..
Apple is a valid trademark in the "computers" category, but would not be accepted in the "food" category. Here are the 13 valid trademarks in France containing the word "apple" in the same category as fruit: https://data.inpi.fr/search?advancedSearch=%257B%2522checkbo... None of them are descriptive of the actual fruit. "Apples in the Sky" is a valid trademark only because apples in the sky do not exist. If there was…
What about "Savoury apple" ?
Re: OpenAI loses trademark dispute at EU court
#84Earlier quoted context omitted.
I think there is most likely set of adjectives that would fall under same reasoning. GreenAI or FreeAI likely would be also be refused. On other hand RedAI or BlueAI might very well pass. It is not entirely unreasonable decision if you consider if the terms would be used in regular conversations on AI.
UnicornAI. You’re welcome
Not sure that’s an adjective
Re: OpenAI loses trademark dispute at EU court
#85Earlier quoted context omitted.
All OpenText EUIPO trademarks I can find are also figurative https://www.tmdn.org/tmview/#/tmview/results?page=1&pageSize...
Maybe I'm using that website wrong but I clicked on "Word" as a filter and got these that are not figurative : https://www.tmdn.org/tmview/#/tmview/results?page=1&pageSize...
So, in your list of 3:
- one is "OpenText The Information Company" which seems perfectly fine. It's not descriptive of a category of "things"
- another is "OpenText Elite" : same comment
- and the last is the original "OpenText" French trademark from 1991, which expired 25 years ago.
It's entirely possible that it went through in '91 because, again, an "open text" isn't something that makes a lot of sense at the time of Minitel and typewriters, but could maybe be rejected today (which is why they now use a figurative trademark)
Re: OpenAI loses trademark dispute at EU court
#86As much as I hate OpenAI for hijacking the term "open", and I love the idea of OpenAI losing, I am not sure if I agree with it. Trademarks are first intended to protect consumers, so that if it says Coca Cola, then the Coca Cola company made it, for the better of for the worse, but at least you know. OpenAI is already a well known name in Europe, and when I see OpenAI on a product, I expect it to be a product of that…
> Trademarks are first intended to protect consumers Huh? I thought they're intended to protect "innovation".
I think you are confusing trademarks with patents.
Trademarks don't prevent you from copying anything, they only prevent you from being misleading regarding the origin.
Re: OpenAI loses trademark dispute at EU court
#87As much as I hate OpenAI for hijacking the term "open", and I love the idea of OpenAI losing, I am not sure if I agree with it. Trademarks are first intended to protect consumers, so that if it says Coca Cola, then the Coca Cola company made it, for the better of for the worse, but at least you know. OpenAI is already a well known name in Europe, and when I see OpenAI on a product, I expect it to be a product of that…
> Trademarks are first intended to protect consumers Huh? I thought they're intended to protect "innovation".
I think patents are for innovation and trademarks are to make sure that people can reliably know who they’re dealing with.
Re: OpenAI loses trademark dispute at EU court
#88Earlier quoted context omitted.
Apple is a valid trademark in the "computers" category, but would not be accepted in the "food" category. Here are the 13 valid trademarks in France containing the word "apple" in the same category as fruit: https://data.inpi.fr/search?advancedSearch=%257B%2522checkbo... None of them are descriptive of the actual fruit. "Apples in the Sky" is a valid trademark only because apples in the sky do not exist. If there was…
What about "Savoury apple" ?
Is that a category of things that exist?
Re: OpenAI loses trademark dispute at EU court
#89They should just rename it to ClosedAI. It would be more honest to their customers and better show who they are and what they stand for.
If OpenAI is rejected, that would be rejected too…
Re: OpenAI loses trademark dispute at EU court
#90The story about the ruling really doesn't explain why another company called OpenText that's been around since 1991 and has a valid trademark registration in EU but OpenAI would be invalid. OpenText also has its Europe headquarters in Germany: https://www.opentext.com/about/office-locations Any legal guesses as to why those 2 companies are treated differently with regards to the very generic words : "open", "text", "…
Maybe it's because in 1991 the word open in software wasn't ringing any bells for your average joe.
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