Google sued for using trademarked Gemini name for AI service • The Register

Gemini Information, which provides an enterprise AI platform, has sued Google for calling its personal AI service by the identical identify.

Google renamed its generative AI service from Bard to Gemini in February, after introducing its Gemini mannequin household in December 2023. However the Chocolate Manufacturing unit did so with out evident concern that the identify was already in use as an AI model.

“As a complicated firm, Google undoubtedly performed a trademark clearance search previous to publicly re-branding its complete line of AI merchandise, and thus was unequivocally conscious of Gemini Information’s registered and unique rights to the ‘GEMINI’ model,” says the complaint [PDF], filed on Wednesday in San Francisco federal courtroom. “But, Google made the calculated choice to bulldoze over Gemini Information’s unique rights with out hesitation.”

The US Patent and Trademark Workplace (USPTO) permits related names for several types of companies when it is unlikely the identify overlap will confuse shoppers. Nevertheless, identify duplication in the identical trade sector is mostly not allowed.

Therefore, because the grievance factors out, Google tried to obtain a trademark for Gemini in September 2023 however was provisionally refused in Might. The USPTO stated Google’s proposed use of the identify is confusingly just like a number of different registered marks, Gemini Institutional, Gemini Clearing, Gemini Gemini Information, Gemini, and My Gemini.

Google, which has utilized for a three-month extension earlier than the USPTO willpower turns into remaining, didn’t reply to a request for remark.

Following the USPTO refusal, the grievance claims, Google secretly tried to accumulate the rights to the identify.

“Gemini Information was contacted by an ‘nameless’ entity relating to the potential of buying rights to the ‘GEMINI’ model,” the grievance says. “After some forwards and backwards, Gemini Information in the end suspected that the nameless entity was performing on behalf of Google and ceased contact with the opposite occasion.”

The authorized submitting goes on to assert that Google’s Gemini chatbot is extra open in regards to the trademark battle.

The grievance says, “In an virtually laughable instance of Google’s hubris, when you ask Google’s Gemini software whether it is conscious that it’s infringing upon the trademark of Gemini Information Inc., it responds ‘Sure’ and that ‘[i]t’s a growing state of affairs.'”

Screenshot of Exhibit A from Gemini Information v. Google – Click on to enlarge

Again in 2009, Google drew the ire of some software developers for naming its programming language “Go” when there was already a “Go!” programming language.

Google will not be alone in its affinity for trademarked names. Meta not too long ago settled a trademark lawsuit with Metacapital Administration following the social media agency’s choice to be identified by one thing apart from Fb. ®