The domain name infringement in the AI boom,WeChat and Openai resolutely defend!

Recently, two cases involving domain trademark infringement have garnered widespread attention. One case involves WeChatGPT.com related to Tencent's WeChat, while the other involves OpenAI's Open.ai. The plaintiffs in these cases are Tencent and OpenAI, respectively (their official domains being wechat.com and openai.com).

WeChatGPT.com Lawsuit

The domain WeChatGPT.com was registered in December 2022. The respondent claims to be a Chinese student with a keen interest in artificial intelligence. The website on WeChatGPT.com is a blog and learning platform he built in his spare time, containing content related to artificial intelligence.

He argues that the disputed domain consists of two parts, "we" and "ChatGPT," and is distinct from the plaintiff's WeChat trademark, posing no risk of misleading the public. The respondent emphasizes that he registered the disputed domain and created the website solely for the purpose of sharing and learning information, without any commercial intent.

Image: WeChatGPT.com Whois Information

The complaint was submitted to the Center for Domain Arbitration and Mediation (referred to as the "Center") on May 9, 2023. Subsequently, the Center obtained the registrant and contact information of the disputed domain through the verification process. The complainant submitted a revised complaint on May 17, 2023.

Image: WeChatGPT.com Website Content

WeChat Case Outcome - Domain Transfer

The expert panel handling the case stated that the domain "WeChatGPT.com" not only includes the complainant's WeChat trademark but also contains a third-party ChatGPT trademark.

WeChat is highly renowned in China, and the WeChat trademark has become a widely recognized symbol. It is unlikely that the respondent was unaware of the existence of the WeChat trademark when registering this domain.

As a result, they concluded that the WeChatGPT.com domain should be transferred.

OpenAI Lawsuit

The domain open.ai was registered in December 2017, and the case involves the popular artificial intelligence chat software by OpenAI, which gained prominence this year.

Image: open.ai Whois Information

On August 8th, according to Bloomberg, OpenAI Inc. filed a lawsuit against a company using the name "Open Artificial Intelligence" and owning the domain www.open.ai, alleging that this name infringes on OpenAI's trademark and causes consumer confusion.

The complaint alleges that Open Artificial Intelligence and its CEO Guy Ravine deceive consumers into believing that the company is associated with OpenAI and its popular products such as ChatGPT.

Currently, the case is still under review.

Image: open.ai Website Homepage

These two cases of domain trademark infringement highlight the growing importance of protecting one's intellectual property and adhering to legal regulations, as the law becomes more refined. For both businesses and individuals, making domain investment choices requires considering not only market value and potential returns but also a comprehensive understanding of relevant laws and regulations, as well as existing trademark rights.