Judge Collins, dissenting, called the orders 'confusing' and said they revealed that the district court was applying the incorrect legal standard.
OpenAI, Inc. prevailed at the Ninth Circuit to stop Open Artificial Intelligence, Inc. from using the marks 'OpenAI' or 'Open AI' commercially.
The district court concluded OpenAI had likely acquired secondary meaning by September 2022, prior to Defendants' first use of the mark.
Ravine argued that OpenAI's delayed lawsuit over eight years constituted laches, but the Ninth Circuit noted that trademark owners can wait to act.
Collection
[
|
...
]