Appellants Say Court’s OpenAI Secondary Meaning Ruling Was In Error

(May 16, 2024, 10:34 AM EDT) -- SAN FRANCISCO — A trial court erred in finding that the OpenAI mark acquired a secondary meaning with the release of its Dall-E website and before the release of the vastly more popular ChatGPT while ignoring analogous uses of the mark and that all the allegedly irreparable harm was speculative, a company tells the Ninth Circuit U.S. Court of Appeals....