From Google: 2024-10-25 20:48:00

The owner of ‘Open AI’ asks the 9th Circuit to overturn an injunction in a trademark dispute. The request comes after the district court granted a preliminary injunction against the use of the mark. The owner argues that the mark is not likely to cause confusion and that the injunction should be lifted.

The dispute revolves around the use of the mark ‘Open AI’ in relation to an artificial intelligence project. The plaintiff claims that the defendant’s use of the mark is likely to cause confusion among consumers and dilute the distinctiveness of their own mark. The defendant, however, argues that there is no evidence of actual confusion and that the injunction is unwarranted.

The district court’s ruling in favor of the plaintiff was based on a finding that the defendant’s use of the mark was likely to cause consumer confusion. The court also found that the plaintiff had established a likelihood of success on the merits of their trademark infringement claim. The defendant is now appealing this decision to the 9th Circuit.

The owner of ‘Open AI’ is seeking to have the injunction overturned on the grounds that it is not warranted and that there is no evidence of actual confusion. The owner argues that the mark is unique and distinct, and that there is no likelihood of consumer confusion. The 9th Circuit will now consider the appeal and decide whether to lift the injunction.



Read more at Google: ‘Open AI’ TM Owner Asks 9th Circ. To Nix Injunction – Law360