OpenAI’s Trademark Suit Foiled by Prior ‘Open AI’ Use, Firm Says

Open Artificial Intelligence Inc. told a court its use of “Open AI” as a trademark since 2015 undercuts OpenAI Inc.‘s lawsuit to assert its rights, in a filing opposing a pretrial win for the ChatGPT creator.

Open Artificial Intelligence pushed back on OpenAI’s summary judgment argument that it made little use of the mark in the past decade. A jury should get to decide whether its use—which it said began before OpenAI was founded—sufficed to establish and maintain rights as evidence indicates thousands have encountered the distinctive mark, Open Artificial Intelligence argued in an opposition filed Wednesday in the ...