As artificial intelligence continues to grow, tech companies are developing systems to assist consumers with everything from business affairs to personal projects. For many, chatbot AI has become a staple of everyday life, prompting companies to seek the next “life assistant.” Google aimed to achieve this with its AI system, Gemini. Gemini seeks to understand and combine vast amounts of information from various sources, including text, audio, code, and images. According to Sundar Pichai, CEO of Google and Alphabet, Gemini is the company’s “most capable and general model yet, with state-of-the-art performance across many leading benchmarks.”
(Photo from: Google)
Lawsuit from Gemini Data
Despite Gemini’s promise, a small AI tech company, Gemini Data, based in San Francisco, has filed a lawsuit against Google. The lawsuit claims trademark infringement and unfair competition. Gemini Data alleges that when Google rebranded its AI tool from Bard to Gemini in February, it “made the calculated decision to bulldoze over Gemini Data’s exclusive rights [to the name] without hesitation.”
Founded in 2013, Gemini Data holds two registered trademarks for “Gemini” related to computer software. Both trademarks have been active since 2021. Google submitted its trademark application for the word mark “Gemini” to the United States Patent and Trademark Office (USPTO) in 2023, and that application is currently pending.
(Screenshot from Exhibit A Gemini Data v. Google)
When filing a trademark application, companies typically conduct a clearance search to ensure the desired name isn’t already registered in the same class or a confusingly similar category. Gemini Data argues that “as a sophisticated company, Google undoubtedly conducted a trademark clearance search prior to publicly rebranding its entire line of AI products.” This suggests Google was aware of Gemini Data’s registered and exclusive rights to the “GEMINI” brand.
Although Google has not publicly commented on the lawsuit, the case has gained attention since it was filed on September 11, 2024. It has been assigned to the United States District Court for the Northern District of California (San Francisco Division). Google now faces the choice to settle or continue in court.
The Infringement Question
The key issue of infringement lies in proving the similarity of the marks and their potential to cause confusion. Based on the tone and evidence in the filing, Gemini Data appears confident in its case. The larger question remains: Will Google pivot from using the name “Gemini,” or will it fight to keep 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.