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Comment by VorpalWay

7 hours ago

Well, they could have used a less generic and misleading name (it is not very open, as noted in the article). OpenAI only really have themselves to blame here.

Plenty of companies use generic words for their name, and they still get trademarks.

American Airlines for example is indeed just an American airline. The Container Store, Vision Center, General Motors, International business machines (IBM), the list goes on.

Even Microsoft is just a contraction of their original product, microcomputer software.

  • I understood it more in the line of preventing a company from naming itself "Low sugar" and then blocking other companies from adding the words "Low sugar" to their packaging. Same thing with OpenAI, another company should be free to create an AI that's fully open and tag it as "Open AI" without fearing legal problems with OpenAI.

  • > Even Microsoft is just a contraction of their original product, microcomputer software.

    Hopefully that was also a family suggestion because I can't think of a more sloppy name than "Microcomputer software"

Give me a break. Apple doesn't sell apples.

  • Exactly. Apple can register Apple because they don't sell apples so it's not misleading. OpenAI can't register OpenAI because they make ai but it's not open. They could call themselves Peaches, OpenWombat or ClosedAI and there wouldn't be any issues because those wouldn't be misleading.

    • > OpenAI can't register OpenAI because they make ai but it's not open

      That's not the reason they can't. They can't register the trademark because it's a descriptive one.

      If I try to trademark "hacker forum", an EU trademark officer will reject it not because my website doesn't have hackers on it, but because it's descriptive and prevents others from starting hacker forums.

      So

      > They could call themselves... ClosedAI

      is also incorrect, because it's descriptive as well.

    • >OpenAI can't register OpenAI because they make ai but it's not open.

      Not the issue. Per the ruling even if their AI was open they still couldn't have the trademark.

  • Do they have a trademark on the word apple with no other context? I thought it was Apple computer, which is distinct.