Dynadot

discuss Rabbit-Holes, UDRP’s, Grandma’s Cookies and Trademarks.

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🐰 With all the swirling discussions regarding OpenAi’s ChatGPT.com UDRP filing, now feels like the perfect time to dive down the rabbit hole of their pending trademark applications. Not so much the “ChatGPT” application; but the “GPT” application specifically. Before proceeding further, it’s important to note QUAD Domains is a firm believer in trademark protections and rights. As holders of trademarks, we value IP (Intellectual Property) across the board. However, we’re also objective enough to recognize there’s a practice we call “IP monopolization” that exists. It involves leveraging copyright, trademark and patent filing procedures to unfairly, and in some cases unethically, place other individuals and businesses at a disadvantage. In no way are we implying OpenAi is partaking in IP monopolization. However, it’s the far-reaching negative impact a trademark for “GPT” COULD potentially have on individuals, businesses, industries and language that prompts a bit of concern.

🔠 Now, the letters G, P and T are characters synonymous with the english alphabet. This might seem like an obvious fact; but you’ll understand why it was referenced here in a moment. With letters come words; and with words come abbreviations. The sheer amount of meanings that could exist for any configuration of letters is practically infinite. Regardless of whether one deems GPT to mean “Generative Pre-Trained Transformer” in the case of ChatGPT.com, or “Given to People on Time” in the case of AdviceGPT.com, it’s easy to see GPT could literally mean anything. Especially in the domaining space where “The shorter, the better.” is the mantra. Abbreviations are a commonplace way for individuals, companies and brands to make their domain names concise and easy to type/remember. It’s this factor in particular that makes “OpenAi’s UDRP filing” and “GPT trademark application” a potentially lethal cocktail for IP protection rights and procedures in the future.

🤖 QUAD believes OpenAi has the explicit right to protect their interests. Especially if they’re the originator of products, services and brands that align with those interests. However, we can all agree they aren’t the originators of letters, language, abbreviation and meaning. Nor are they originators of configuration. They read to be the originators of an arguably ground-breaking piece of technology that so happens to be nicknamed “GPT”. Because GPT is said to mean “Generative Pre-Trained Transformer”, it’s worth emphasizing that GPT in fact amounts to a nickname in this case. Furthermore, it seems fitting for OpenAi to file a trademark application for “Generative Pre-Trained Transformer” since it’s the technology being leveraged etc. (If they haven’t already.) Things could get really complicated if the USPTO grants OpenAi’s request for trademark protections for GPT. Combine this with a potential UDRP win, and they (OpenAi) could open the door to claiming infringement with regard to any domain, business or brand that uses the letters G, P and T.

🍪 In closing, we’re not ones to loosely speculate about outcomes of business matters. We genuinely wish all parties involved in the ChatGPT.com UDRP situation the best of luck in reaching a sound and fair conclusion. Hopefully this case can serve as an example for why many systems and standards need to be reimagined to ensure the loudest, and most popular, voice isn't automatically given the red carpet to monopolize origin. Again, OpenAi is well within its right to pursue whatever legal action they deem fit to protect their interests. However, the domain community has a responsibility to weigh-in for the sake of protecting “domain names and choice digital identity”. If a trademark for GPT is granted in relation to AI, this would make any business using AI in conjuction with a domain that has the letters GPT vulnerable to a UDRP filing and/or infringement claim. So, if grandma’s name is Gloria Patterson Tate, and she uses GPTcookies.com for her website that leverages Ai-edited recipe videos, she could be targeted.

👵 We don’t want to see grandma targeted do we?

🙏 HAVE A PROSPEROUS WEEK!

🗣 Mel - QUAD DOMAINS
 
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The views expressed on this page by users and staff are their own, not those of NamePros.
🐰 With all the swirling discussions regarding OpenAi’s ChatGPT.com UDRP filing, now feels like the perfect time to dive down the rabbit hole of their pending trademark applications. Not so much the “ChatGPT” application; but the “GPT” application specifically. Before proceeding further, it’s important to note QUAD Domains is a firm believer in trademark protections and rights. As holders of trademarks, we value IP (Intellectual Property) across the board. However, we’re also objective enough to recognize there’s a practice we call “IP monopolization” that exists. It involves leveraging copyright, trademark and patent filing procedures to unfairly, and in some cases unethically, place other individuals and businesses at a disadvantage. In no way are we implying OpenAi is partaking in IP monopolization. However, it’s the far-reaching negative impact a trademark for “GPT” COULD potentially have on individuals, businesses, industries and language that prompts a bit of concern.

🔠 Now, the letters G, P and T are characters synonymous with the english alphabet. This might seem like an obvious fact; but you’ll understand why it was referenced here in a moment. With letters come words; and with words come abbreviations. The sheer amount of meanings that could exist for any configuration of letters is practically infinite. Regardless of whether one deems GPT to mean “Generative Pre-Trained Transformer” in the case of ChatGPT.com, or “Given to People on Time” in the case of AdviceGPT.com, it’s easy to see GPT could literally mean anything. Especially in the domaining space where “The shorter, the better.” is the mantra. Abbreviations are a commonplace way for individuals, companies and brands to make their domain names concise and easy to type/remember. It’s this factor in particular that makes “OpenAi’s UDRP filing” and “GPT trademark application” a potentially lethal cocktail for IP protection rights and procedures in the future.

🤖 QUAD believes OpenAi has the explicit right to protect their interests. Especially if they’re the originator of products, services and brands that align with those interests. However, we can all agree they aren’t the originators of letters, language, abbreviation and meaning. Nor are they originators of configuration. They read to be the originators of an arguably ground-breaking piece of technology that so happens to be nicknamed “GPT”. Because GPT is said to mean “Generative Pre-Trained Transformer”, it’s worth emphasizing that GPT in fact amounts to a nickname in this case. Furthermore, it seems fitting for OpenAi to file a trademark application for “Generative Pre-Trained Transformer” since it’s the technology being leveraged etc. (If they haven’t already.) Things could get really complicated if the USPTO grants OpenAi’s request for trademark protections for GPT. Combine this with a potential UDRP win, and they (OpenAi) could open the door to claiming infringement with regard to any domain, business or brand that uses the letters G, P and T.

🍪 In closing, we’re not ones to loosely speculate about outcomes of business matters. We genuinely wish all parties involved in the ChatGPT.com UDRP situation the best of luck in reaching a sound and fair conclusion. Hopefully this case can serve as an example for why many systems and standards need to be reimagined to ensure the loudest, and most popular, voice isn't automatically given the red carpet to monopolize origin. Again, OpenAi is well within its right to pursue whatever legal action they deem fit to protect their interests. However, the domain community has a responsibility to weigh-in for the sake of protecting “domain names and choice digital identity”. If a trademark for GPT is granted in relation to AI, this would make any business using AI in conjuction with a domain that has the letters GPT vulnerable to a UDRP filing and/or infringement claim. So, if grandma’s name is Gloria Patterson Tate, and she uses GPTcookies.com for her website that leverages Ai-edited recipe videos, she could be targeted.

👵 We don’t want to see grandma targeted do we?

🙏 HAVE A PROSPEROUS WEEK!

🗣 Mel - QUAD DOMAINS
are you writing these texts using chatGPT?! 😄

cheers
 
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are you writing these texts using chatGPT?! 😄

cheers
😂 Absolutely no GPT here! Just a clear mind.

🦖 Not all HUMAN writers are extinct.

🤝 Just looking to help where possible.

🙏 Thanks for taking the time to read.

🗣 Mel
QUAD Domains
 
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Things could get really complicated if the USPTO grants OpenAi’s request for trademark protections for GPT. Combine this with a potential UDRP win, and they (OpenAi) could open the door to claiming infringement with regard to any domain, business or brand that uses the letters G, P and T.

Does that also apply to VW, HP, IBM, BMW, ING or other two- and three-letter trademarks, or is "GPT" special for some reason?

There are lots of two- and three- letter trademarks.

There are even single-letter trademarks, like the famous "O" on the temple of Oakely brand glasses:

888392407641_metalink_satin-black-demo-lens_main_001.png


Actually, the letter "O" is more than one trademark, since Oprah Winfrey has also registered it as a mark:

Book-cover-Advice-Interviews-Live-Your-Best.jpg


And, let's not forget Overstock.com, who also has a registered trademark for "O":


Word Mark
O
Goods and Services
IC 035. US 100 101 102. G & S: Online wholesale and retail store services featuring general merchandise. FIRST USE: 20030929. FIRST USE IN COMMERCE: 20030929
Registration Number
3265584
Registration Date
July 17, 2007
Owner
(REGISTRANT) Overstock.com, Inc. CORPORATION DELAWARE 799 West Coliseum Way Midvale UTAH 84047

So, I don't understand the point the OP is trying to make. You are saying that if OpenAI registers "GPT" as a trademark, then it will cause some awful result which never happened with any of the existing single, double, or triple letter trademarks? Why? What makes "GPT" different from, say, "NBC" or "AOL"?

Does "NBC" consist of a "national broadcasting company", yep. "ABC" is an "American broadcasting company" and the BBC is a "British broadcasting company". So what? Do other companies use those letters for other things? Yes, they do.

How is it that three (and there's a lot more) different companies have registered marks for the single-letter "O", but the world has not come to an end?
 
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Does that also apply to VW, HP, IBM, BMW, ING or other two- and three-letter trademarks, or is "GPT" special for some reason?

There are lots of two- and three- letter trademarks.

There are even single-letter trademarks, like the famous "O" on the temple of Oakely brand glasses:

888392407641_metalink_satin-black-demo-lens_main_001.png


Actually, the letter "O" is more than one trademark, since Oprah Winfrey has also registered it as a mark:

Book-cover-Advice-Interviews-Live-Your-Best.jpg


And, let's not forget Overstock.com, who also has a registered trademark for "O":


Word Mark
O
Goods and Services
IC 035. US 100 101 102. G & S: Online wholesale and retail store services featuring general merchandise. FIRST USE: 20030929. FIRST USE IN COMMERCE: 20030929
Registration Number
3265584
Registration Date
July 17, 2007
Owner
(REGISTRANT) Overstock.com, Inc. CORPORATION DELAWARE 799 West Coliseum Way Midvale UTAH 84047

So, I don't understand the point the OP is trying to make. You are saying that if OpenAI registers "GPT" as a trademark, then it will cause some awful result which never happened with any of the existing single, double, or triple letter trademarks? Why? What makes "GPT" different from, say, "NBC" or "AOL"?

Does "NBC" consist of a "national broadcasting company", yep. "ABC" is an "American broadcasting company" and the BBC is a "British broadcasting company". So what? Do other companies use those letters for other things? Yes, they do.

How is it that three (and there's a lot more) different companies have registered marks for the single-letter "O", but the world has not come to an end?
@jberryhill

🙏 Thank you for taking valuable time to provide such a thorough response with references. It reflects a genuine effort and interest in the subject matter. It’s truly appreciated.

🌗 Now, there is in fact a stark difference between GPT and all the other acronyms you referenced. Acronyms might serve a similar purpose; but there are certain ones that invoke a specific message regardless of what they’re being used to convey. For context, the acronym “KKK” is a good (no pun intended) example of an acronym that could literally mean anything; but most individuals and companies won’t dare use it out of concern for what it could “naturally” convey to their audience. (To be clear, we are NOT equating GPT to KKK or vice-versa.) We’re merely referencing the broad impact a single use-case can have on certain letters ever being utilized for a domain, brand-name or otherwise.

💾 Many of the acronyms you referenced were part of an era. One where voices weren’t as amplified; and connectivity wasn’t as robust. Nor were there as many dynamics to consider with regard to the public’s use of technology. Today’s level of interconnectivity is forcing us all to reevaluate the far-reaching consequences of awarding specific people, or entities, the jurisdiction to control certain aspects of “language narrative” in certain domains. OpenAi seems to be looking to secure the right to dictate under what circumstances GPT and Ai-technology can be used in tandem by individuals and businesses alike.

🔍 As the original thread stated, OpenAi is well within its rights to take whatever legal steps it desires to protect its interests. However, we MUST all consider whether this will innately involve exploiting the competency and relevance of copyright, trademark and patent laws that, in many respects, are due for an upgrade in language etc. At first read, GPT is a mere three letters. Factor in Ai-technology and a very uncertain future for how it will be used by the everyday person, then you have a situation that’s worth a deeper examination BEFORE protections are provided solely based on OpenAi’s claims of being first and covered by mainstream media.

🦾 We’re merely hoping USPTO protections and a UDRP win wouldn’t embolden OpenAi to create their own task-force for policing the use of GPT, on the internet and/or in conjunction with Ai, by any and everyone. We can likely agree this is the era of “behemoth control and juggernaut influence”. It wouldn’t be surprising if OpenAi looks to take its place alongside the Amazons of the world and dictate how the letters G, P and T are thought of, and used, for generations to come. At this point in history, it’s much deeper than protecting a brand. It’s about folks having the right to use Ai-technology and the letters GPT, absent of Chat, without unnecessary restrictions per say.

🤝 Thanks again for your thoughtful comment. Let’s keep the conversation going.

🗣Mel
QUAD DOMAINS
 
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Many of the acronyms you referenced were part of an era. One where voices weren’t as amplified; and connectivity wasn’t as robust.

I don't know what any of that is supposed to mean, but there are already three registered marks for "GPT":

Word Mark GPT
Goods and Services G & S: ELECTRONIC THERMOSTATS, NAMELY, SENSORS AND CONTROLLERS USED FOR AUTOMATED TEMPERATURE AND PRECIPITATION DETECTION AND CONTROL.
Registration Number 2524225
Registration Date January 1, 2002
Owner ETI INC. CORPORATION INDIANA 20880 STATE ROAD 37 N NOBLESVILLE INDIANA 46060

Word Mark GPT
Goods and Services G & S: consulting services in the field of polyethylene terephthalate manufacturing, purified terephthalic acid manufacturing and polymer processing.
Registration Number 4527886
Registration Date May 13, 2014
Owner GRUPO PETROTEMEX, S.A. DE C.V. sociedad anónima de capital variable MEXICO Ricardo Margain No. 444, Torre sur, Piso 16 Col. Valle del Campestre

Word Mark GPT
Goods and Services G & S: metal fittings for metal pipes; metal pipe connectors.
Registration Number 4495624
Registration Date March 11, 2014
Owner Garlock Pipeline Technologies, Inc. CORPORATION COLORADO 4990 IRIS STREET WHEAT RIDGE COLORADO 80033

If you want to do something AI related, then you can use something other than "GPT".

Things could get really complicated if the USPTO grants OpenAi’s request for trademark protections for GPT. Combine this with a potential UDRP win, and they (OpenAi) could open the door to claiming infringement with regard to any domain, business or brand that uses the letters G, P and T.

No, that's not how trademark law works.

All of these folks get along fine:

Screenshot 2023-04-04 at 11.30.36 AM.png


Screenshot 2023-04-04 at 11.33.07 AM.png



Screenshot 2023-04-04 at 11.33.37 AM.png
 
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As others have pointed out here, trademarks must be specific to certain fields of use . So, the fact that the particular letters/words happen to have other uses in different contexts isn't really the issue. The issue is whether the particular initials/term "GPT," in the context of software, IS or ISN'T necessarily specific to one company at this point in time.

To be able to register a trademark in the U.S., the applicant has to show that the proposed trademark is in fact distinctive of their company. The more generic a term is in its field, whether to begin with (i.e., by not becoming distinctive in the first place...), or over time (i.e., by failing to maintain its distinctiveness), the less likely it is to be registerable. Such "distinctiveness" is notably harder to achieve and/or maintain for terms that are more inherently generic...

In the case of "GPT," in the context of software (specifically A.I.), those letters -- particularly in that combination -- are understood to stand for things that refer to a kind of A.I. language model having certain characteristics, even though OpenAI was first to produce a (g)enerative (p)retrained (t)ransformer and they're still the most notable provider of such technologies. Hence, I don't think that particular trademark application should be granted.
 
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In the case of "GPT," in the context of software (specifically A.I.), those letters -- particularly in that combination -- are understood to stand for things that refer to a kind of A.I. language model having certain characteristics

Good points.

That's a fact question that the Examining Attorney might raise in the first action. Typically, the applicant will be required to state whether the term has any particular primary meaning or significance in the market for the goods/services in question.
 
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