logoalt Hacker News

yorwbatoday at 3:54 PM3 repliesview on HN

More pertinently "the term is purely descriptive and therefore lacks the distinctiveness required for trademark protection." I.e. the problem isn't that OpenAI's products don't match their description, but that trademarking it would unduly prevent others from describing their openly accessible artificial intelligence as "open AI."


Replies

jasodetoday at 5:38 PM

>More pertinently "the term is purely descriptive and therefore lacks the distinctiveness required for trademark protection."

As I wrote in my other comment, "open systems" also can be purely descriptive and yet Open Systems seems to be a valid trademark in Europe.

I'm not defending OpenAI. I'm just confused that the rules for allowing trademarks for ordinary words and phrases don't look consistent at the surface level.

show 5 replies
Ekarostoday at 3:59 PM

I think there is most likely set of adjectives that would fall under same reasoning. GreenAI or FreeAI likely would be also be refused.

On other hand RedAI or BlueAI might very well pass. It is not entirely unreasonable decision if you consider if the terms would be used in regular conversations on AI.

show 2 replies