"The U.S. Court of Appeals for the Ninth Circuit on Wednesday affirmed a district court's decision to grant a temporary restraining order (TRO) in a trademark dispute between two tech companies, IYO, Inc., and IO Products, Inc, which was acquired by OpenAI in May 2025. The order prevents IO, a company co-founded by Sam Altman and Jonathan Paul Ive, from using the IO mark in connection with products that are related to IYO's AI-based 'audio computer.'"
"On appeal, IO argued that the case was not ripe for decision because it had not yet released or advertised a product and did not plan to do so for at least a year. The Ninth Circuit disagreed, finding that "trademark infringement 'does not require any actual sale of goods and services.'" The court determined that IO's May 21 video announcement was specifically designed to generate anticipation for its first product and could itself be considered an infringing advertisemen"
The Ninth Circuit affirmed a district court TRO preventing IO from using the IO mark in connection with products related to IYO's AI-based audio computer. IO was co-founded by Sam Altman and Jonathan Paul Ive and was acquired by OpenAI in May 2025. IYO alleged reverse confusion, claiming consumers could mistake the senior user's IYO mark for the more well-known IO. IO's May 21 announcement generated substantial media attention. IO argued the dispute was not ripe because no product had been released or advertised. The Ninth Circuit held that trademark infringement does not require actual sales and found the announcement could be an infringing advertisement.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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