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.
OpenAI loses trademark dispute at EU court
121–130 of 177 posts
Re: OpenAI loses trademark dispute at EU court
#122Earlier 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.
Re: OpenAI loses trademark dispute at EU court
#123Earlier 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.
Re: OpenAI loses trademark dispute at EU court
#124Someone 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.
Re: OpenAI loses trademark dispute at EU court
#125ChatGPT is a household name. And OpenAi is actually not, people outside tech don't necessarily know it.
Re: OpenAI loses trademark dispute at EU court
#126Weird 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…
Re: OpenAI loses trademark dispute at EU court
#127Earlier 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…
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
#128Earlier 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…