branding OpenAI Hunts Down Companies Using GPT

[Lox]

Hundreds of companies riding on the all-access AI wagon have been using GPT in their products for the past three years. Hundreds more have emerged or created new brands using not just the technology, but also now part of the vernacular ChatGPT, as well as the GPT, GPT3, and GPT4 acronyms in their names. OpenAI now wants to put an end to that.

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https://twitter.com/x/status/1654095756200931328

 

[MadAboutDomains]

Trademark law distinguishes between "suggestive" and "descriptive" -- lots of marks are suggestive of what the product is, and that's fine. But for example, if Pepsi was instead named something like "dyspepsia alleviator drink," that would be descriptive and thus not inherently distinctive.

Even then, a descriptive mark can potentially get trademark protection...but only if the public becomes educated about the brand (like Microsoft did with Windows...). Whether or not OpenAI can do that is now the question, which the USPTO and/or courts will decide...

I don't really understand what the thing was with "Windows", what was the confusion? I assume their mark was for software and not window frames.

 

[matemp]

I don't really understand what the thing was with "Windows", what was the confusion? I assume their mark was for software and not window frames.

I think the argument was based on how closely connected the graphical interface concept was to the operating system. As I recall, they got the trademark based on acquired distinctiveness, but then it was being challenged in court and the parties settled before a final resolution...