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OpenAI loses trademark dispute at EU court

dpa-international.com

121–130 of 177 posts

Re: OpenAI loses trademark dispute at EU court

#121
post #2

Someone finally asks some sensible questions, about hijacking of the term "open".

I seem to remember the company behind either Monster Cables, or Monster energy drinks, going after anyone that used the word “monster,” even in casual context.

Every large company does this to some extent, because thre's a concept in US trademark law that if you don't aggressively and pre-emptively defend your mark then 'constructive abandonment' becomes a valid defense against infringement. That means people can rip off your trade mark and then say in court 'well, I thought he company had given up ownership of the trademark because they didn't sue 'monster plush toys', so I decided to call my energy drink 'Monster Brew.'' This is also why US companies slap a 'TM' next to every instance of their trademark, even though it becomes a visual distraction in graphic design terms. Lawyers will argue that if you don't aggressively police the bounds of your intellectual property at all times then it evaporates.

Re: OpenAI loses trademark dispute at EU court

#122
post #26
post #20

Earlier quoted context omitted.

Companies can be named after random nonsense, ‘pink catfish’ could easily be the world’s #1 supplier of firearms and nobody would find it strange. Caterpillar, Apple, Kellogg, etc really don’t have anything to do with the underlying product but neither do people’s names.

They didn't have "open" or "free" as prefix.

The nouns also aren't just generic terms for the type of products they're making. OpenApple wouldn't sound confusing in the same way for a laptop and phone manufacturer as it would for a company producing apples in a non-open way.

Re: OpenAI loses trademark dispute at EU court

#123
post #13

Earlier quoted context omitted.

"It will harm consumers" Ah yes, chosing a name that transports openness and transparency when the opposite is the case, and complaining about not being able to register that name as a trademark, which will cause financial harm the said company -- but somehow there's still people to spin it the other way around so it harms consumers now, therefore it was a bad decision. That's the definition of anti-consumer behavior

You just don't like OpenAI and are for anything that hurts them, without thinking through the consequences. What will harm consumers is the scammy "OpenAI" chat app that I can now legally upload to app stores in the EU, in hopes of tricking people into thinking it's a genuine app.

It seems pretty dubious that there are a lot of people who know the name of the company behind ChatGPT but not able to recognize that the name of their chat isn't "OpenAI chat"

Re: OpenAI loses trademark dispute at EU court

#124
post #2

Someone finally asks some sensible questions, about hijacking of the term "open".

I seem to remember the company behind either Monster Cables, or Monster energy drinks, going after anyone that used the word “monster,” even in casual context.

The most ludicrous case of trademark issues I've seen to date has been Apple suing Prepear because they had a pear as their logo but Monster suing someone because of the term monster is not far from falling equally as far from the tree of wisdom and common sense.

Re: OpenAI loses trademark dispute at EU court

#126
post #109
post #42

Weird decision, if so I wonder what would they say about other trademarks like Apple..

I don't like the idea of trademarks that are so well-known that they apply in all fields. That doesn't serve the public. Companies that well-known can easily apply for a trademark across multiple fields. The trademark owners that would really need that kind of help are the smaller ones that aren't eligible for that, and must specifically register in various fields of industry. IP law needs severe reform no matter whi…

But what's the alternative for the trademarks that are truly universally known? Does it serve the public for me to be able to sell unauthorized Coca-Cola brand products, or more likely, the trademark owner selling a token item in each category to maintain the right to prevent others from using it?

Re: OpenAI loses trademark dispute at EU court

#127
post #98
post #22

Earlier quoted context omitted.

More pertinently "the term is purely descriptive and therefore lacks the distinctiveness required for trademark protection." I.e. the problem isn't that OpenAI's products don't match their description, but that trademarking it would unduly prevent others from describing their openly accessible artificial intelligence as "open AI."

>More pertinently "the term is purely descriptive and therefore lacks the distinctiveness required for trademark protection." As I wrote in my other comment, "open systems" also can be purely descriptive and yet Open Systems seems to be a valid trademark in Europe. I'm not defending OpenAI. I'm just confused that the rules for allowing trademarks for ordinary words and phrases don't look consistent at the surface lev…

This sort of rejection is quite common. You can overcome the objection by submitting evidence that your mark has acquired distinctiveness through use. So there will be plenty of trademarks that seem generic/descriptive that have gone through that process.

edit: I originally thought that’s what was being rejected here. It’s not. The court only ruled that “OpenAI” is descriptive. Separately, OpenAI have also submitted evidence of acquired distinctiveness, which will be decided in due course by the trademark office.

Re: OpenAI loses trademark dispute at EU court

#128
post #98
post #22

Earlier quoted context omitted.

More pertinently "the term is purely descriptive and therefore lacks the distinctiveness required for trademark protection." I.e. the problem isn't that OpenAI's products don't match their description, but that trademarking it would unduly prevent others from describing their openly accessible artificial intelligence as "open AI."

>More pertinently "the term is purely descriptive and therefore lacks the distinctiveness required for trademark protection." As I wrote in my other comment, "open systems" also can be purely descriptive and yet Open Systems seems to be a valid trademark in Europe. I'm not defending OpenAI. I'm just confused that the rules for allowing trademarks for ordinary words and phrases don't look consistent at the surface lev…

The fact that Open Systems hold a trademark on "Open Systems" is less a signal that OpenAI should be allowed to hold "Open AI", and more a sign that Open Systems should start considering changing their name because they'd lose their trademark if someone disputed it.

Re: OpenAI loses trademark dispute at EU court

#129
post #48

Earlier quoted context omitted.

UnicornAI. You’re welcome

Not sure that’s an adjective

If you use it like unicorn poop, then it is describing the kind of poop just like Open/Green/Free in previous examples would be describing AI
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