Earlier quoted context omitted.
>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…
> I'm just confused that the rules for allowing trademarks for ordinary words and phrases don't look consistent at the surface level Precedence in court decisions is weighted more in some places than others. US courts, from my pedestrian observation, are all into "well there is a precedent so we'll follow that". But other countries don't necessarily do that, their courts might be more eager to disregard it and do wha…
Re: OpenAI loses trademark dispute at EU court
#131Even the US does change policies every once in a while. This is a case where Open Systems was last challenged under the old rule set when it was acceptably descriptive. Since that point standards have changed and, presumably, Open Systems might now be exposed to a similar mark challenge.