With the growth of artificial intelligence, tech companies have sought to create new systems that aid consumers with anything from business affairs to personal projects. For many, forms of chatbot AI have become a part of everyday life, and companies are constantly seeking to develop the next “life assistant.” Google aimed to do just that when it created Gemini
(Photo from: Google)
Gemini is an artificial intelligence system that seeks to understand, operate across, and combine vast amounts of information from various sources such as text, audio, code, and images. According to Google and Alphabet CEO, Sundar Pichai, Gemini is the company’s “… most capable and general model yet, with state-of-the-art performance across many leading benchmarks.”
Despite Gemini’s promise, Gemini Data, a small AI tech company based in San Francisco, has filed a lawsuit against Google, claiming trademark infringement and unfair competition. In the lawsuit, Gemini Data alleges that when Google rebranded its AI tool in February from the name Bard to Gemini, it “…made the calculated decision to bulldoze over Gemini Data’s exclusive rights [to the name] without hesitation.”
Gemini Data, founded in 2013, currently holds two registered trademarks for “Gemini” related to computer software. Both trademarks have been registered since 2021 and remain active. Google filed its trademark application with the United States Patent and Trademark Office (USPTO) for the word mark “Gemini” in 2023, and the application is currently pending.
Typically, when filing a trademark application, one should conduct a clearance search to ensure the desired name for a business or product is not already registered in the same class or category of goods and services or one confusingly similar. Gemini Data alleges, “as a sophisticated company, Google undoubtedly conducted a trademark clearance search prior to publicly rebranding its entire line of AI products, and thus was unequivocally aware of Gemini Data’s registered and exclusive rights to the ‘GEMINI’ brand.”
(Screenshot from Exhibit A Gemini Data v. Google)
While Google has not publicly released a statement on the matter, the Gemini tool itself has made headlines with its above response. The lawsuit was filed on September 11, 2024, and has been taken up by the United States District Court, Northern District of California (San Francisco Division). Google now has the option to settle or continue the matter in court.
The key question of infringement lies in proving the similarity of the marks and their likelihood of causing confusion. Based on the tone and exhibits in the filing, Gemini Data seems confident that they can make a case for infringement. The bigger question, however, is what Google’s response will be—whether they will pivot from using the name “Gemini” or fight for the right to continue using it.
Want to learn more about filing your own trademark application? Need assistance? Feel free to call or email us at (713) 364-4796 or admin@madan-law.com.