After landing on the receiving end of a steady-stream of infringement and privacy-centric litigation, ChatGPT-creator OpenAI has initiated a lawsuit of its own, accusing an identically-named company of co-opting its brand and fraudulently divert[ing] public interest in and demand for [its] products. According to the trademark complaint that it lodged in a federal court in Northern California on August 4, OpenAI claims that Open Artificial Intelligence, Inc. and its president, Guy Ravine (collectively, the defendants) unlawfully adopted the Open Artificial Intelligence name after it had already begun operating in the AI space and as a result, stands to confuse millions of users of OpenAIs products into mistakenly believing that [they] have any connection to, association with, or sponsorship by OpenAI when, in fact, there is none.

Setting the stage in its complaint, OpenAI states that it is the senior user of the OpenAI name and the logos bearing that name as trademarks. Far from an unknown entity, the San Francisco-based AI giant asserts that it has become closely associated in the marketplace as the source of AI models and applications, including ChatGPT. It was only after OpenAIs first use of one of the OpenAI marks that the defendants began using their confusingly similar mark, Open AI, according to OpenAI, which notes that the defendants have had nothing to do with its well-known artificial intelligence models and applications. In contrast, they are looking to misappropriate and monetize the hard work and goodwill that OpenAI has created by confusing consumers and the marketplace into mistakenly believing they are the originators of, or affiliated with, OpenAIs products, the plaintiff contends.

In a further nod to the defendants improper motives, OpenAI alleges that on December 11, 2015, the day that it announced a $1 billion funding round, which received widespread coverage in national and international news media, Open Artificial Intelligences Guy Ravine filed an application for registration for Open AI with the United States Patent and Trademark Office (USPTO) for providing a web site featuring technology that enables internet users to share documents, images and videos. In connection with the application, Ravine declared that: (i) he first used the infringing mark in commerce on March 25, 2015, and (ii) he was currently using the infringing mark in commerce as of December 11, 2015, per OpenAI.

While the USPTO preliminarily refused to register the markbecause the specimen (above) did not show the applied-for mark in use in commerce, OpenAI claims that the defendants responded by manufactur[ing] evidence related to their website to mislead the USPTO into believing their mark was being used in commerce even though [they] had never used the infringing mark in connection with any goods or services [they] offered in interstate commerce i.e., as a trademark.

Ravine responded with a new specimen (below, in part), which contained two screenshots from a subdomain of http://www.open.ai, http://www.hub.open.ai, and which he represented as being in use in commerce at least as early as the filing date of the application. The problem, according to OpenAI? The substitute specimen did not reflect the infringing marks actual use in commerce as of December 15, 2015, and instead, Ravine created the specimen and the purported website posts to mislead the USPTO into believing that the infringing mark was being used in commerce, thereby resolving the defect the USPTO cited in refusing to register the infringing mark.(Specifically, OpenAI states that the substitute specimen did notreflect the infringing marksactual use in commerce as of December 15, 2015, as all three threads depicted in the specimen contain content copied nearly verbatim from content that was posted on GitHub, an unaffiliated third-party website, in 2016.)

Fast forward to March 2017 and in a subsequent office action, OpenAI states that the USPTO refused registration of the infringing mark on the Principal Register, finding the infringing mark was descriptive, prompting Ravine to amend the application to seek registration on the Supplemental Register. The USPTO added the Open AI mark to the Supplemental Register on August 1, 2017 (Reg. No. 5,258,002).

All the while, OpenAI claims that the defendants websitewww.open.ai, which for several years redirected to itswww.openai.comsite, has caused actual confusion among consumers. OpenAI claims that it contacted the defendants in February 2022 to inform them that their site was redirecting to OpenAIs site and to inquire about acquiring the domain to no avail. OpenAI asserts that Ravine responded the same day, saying, Elon Musk paid $11 million for the Tesla domain and trademark in 2017. As we both know, OpenAI holds the potential to become larger than Tesla, and in either event, will become one of the largest companies in the world in a relatively short period of time. So, the ultimate value of the domain and the brand are substantial.

While the parties never reached a deal regarding thewww.open.aidomain, OpenAI claims that the contact prompted Ravine to contact the USPTO. Between December 2015 and December 6, 2022, the defendants never objected toOpenAIs use or registration ofthe OpenAI marks, OpenAI maintains. However, after being contacted by OpenAI, Ravine filed a Letter of Protest with the USPTO in December 2022 regarding OpenAIs pending application for OPENAI for use on downloadable computer programs and downloadable computer software using artificial intelligence, etc., and research and development services in the field of artificial intelligence, etc.(Ser. No. 97/238,896) on the grounds that OpenAIs mark is allegedly confusingly similar to the infringing mark and should be refused registration.

On January 31, 2023, OpenAI claims that Ravine filed another Letter of Protest with the USPTO regarding the same OpenAI application, submitting additional evidence and continuing to argue that the applied-for mark is confusingly similar to [its] infringing mark.

In light of the confusing similarity of the Open Artificial Intelligence name to OpenAIs well-recognized name, the defendants leave no doubt as to [their] intent to profit by confusing the public into thinking that there is an affiliation between [them] and OpenAI, the latter asserts. With the foregoing in mind, OpenAI sets out trademark infringement and unfair competition, and civil liability for false and/or fraudulent registration causes of action, as well as two causes of action aimed at getting the defendants registration cancelled based on no bona fide use and misrepresenting source. In addition to monetary damages, OpenAI is seeking preliminary and permanent injunctive relief to bar the defendants from engaging in further acts of infringement and unfair competition.

The case is OPENAI, INC. v. Open Artificial Intelligence, Inc. et al.,3:23-cv-03918 (N.D. Cal.)

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OpenAI Names Unaffiliated Open Artificial Intelligence in Lawsuit - The Fashion Law

The fear of artificial intelligence (AI) is primarily seen in Western countries, while in East Asia, it is embraced as a valuable tool for addressing societal challenges and increasing productivity. With the rise of the Fourth Industrial Revolution in China, which combines various technologies like high-speed communication, the Internet of Things (IoT), and robotics, AI has become essential.

China is utilizing AI as a means to revolutionize its industries. For example, Chinese ports can now unload container ships in just 45 minutes, a task that takes up to a week in other countries. The fear surrounding AI today is reminiscent of the concerns people had about machines at the end of the 19th century. French textile workers even sabotaged weaving machines to protect their jobs.

However, it is important to recognize that just as machines relieved humans of physical labor in the 20th century, AI will relieve humans of mental labor in the 21st century. The development of AI also has roots in cybernetics, with AI being cybernetics with a self-learning function.

While some experts express concerns about AI systems surpassing human intelligence and potentially replacing humanity, concrete examples of such scenarios are lacking. It is crucial to understand that AI systems are domain-specific and designed to perform specific tasks within set parameters. They operate on Boolean logic and do not possess their own will.

In China, AI is transforming various sectors. In healthcare, AI is utilized for medical imaging analysis, disease diagnosis, and drug research. Smart cities in China leverage AI technologies for traffic management, energy efficiency, waste management, and public safety systems. In education, AI is integrated to enhance personalized learning experiences. Additionally, AI is employed in agriculture for crop monitoring, pest detection, and yield optimization.

Chinas acceptance and trust in technology can be attributed to cultural factors like pragmatism. The Chinese view AI as a part of the larger transition to the Fourth Industrial Revolution. However, the development of AI should still be guided by safety measures, similar to the nuclear energy industry and civil aviation.

While the US may lead in AI innovation, Chinas focus on application and its Industry 4.0 ecosystem should be a concern for the American AI community. To fully realize the transformative potential of AI, it is necessary to consider its integration into various sectors and infrastructures.

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The Role of Artificial Intelligence in East Asia - Fagen wasanni

My buddy, Art Aloe, was laughing into his beer when I walked into the bar. Im just enjoying the AI predictions used to scare us about the future. Did you see the front page of the Indianapolis Star Friday the 28th?

Yes, I said.

Wasnt that a great headline: AI to place 140K Indianapolis jobs in danger? Art said.

Yeah, I said. Thats from something called Chamberofcommerce.org. Its some kind of scare monger. They once did a story titled, Data reveal loneliest cities in America. It was just a recitation of census data on one-person households. People who live alone arent necessarily lonely.

And the precision, Art chuckled, 140,000 jobs, but no timeline.

Yeah, I said. Exactly what my colleague at IU often said: Give em a number or give em a date, but not both.

And, Art said, many experts tell youngsters to get more education to confront the future.

Yet the next day, I added, the highly respected Pew Research Center says the greater the level of education, the more likely AI will replace workers.

Ah, Art sighed, in this age of entertainment, if you wish to amuse, just confuse. It works as well for experts as for politicians.

Indeed, I agreed. Howey Politics ran a story from the appropriately named Insider Monkeys 25 Poorest States report. This farcical piece of misused data identifies Bloomington as the poorest city in Indiana and one of the poorest in the nation.

Of course it is, I continued. While the report uses education attainment of those 25 and older, it uses all households to determine poverty.

Art quickly took over: Thats like comparing Brussels sprouts and plums because of similarity in shape. Bloomington has many student and young person households. If they used households of those 25 and older, theyd get a far different picture.

Here I noted the egregious failure to adjust pensions of retired Indiana state workers with an appropriate inflation measure. But Art came back with a failure of Congress worse than the ignominious inaction of the Indiana Legislature.

The most obvious way to avoid a crisis in Social Security, Art said, is for Congress to raise the cap on the level of earnings being taxed. Right now that cap is $160,200 per year. That means more than 20% of all earnings go untaxed for Social Security, but only about 7% of workers make more than the cap.

You want to tax high income earners? I asked. Wont that strangle productivity, destroy creative activity, eliminate entrepreneurship, and repress get-up-and-go-ism?

No, he replied. It means more earnings for attorneys and accountants to figure out additional ways to avoid earnings and get income by other means, like capital gains and dividends.

Nah, I objected. Those jobs will go to AI, leaving todays law and accounting students out in the cold.

Morton Marcus is an economist. Reach him at [emailprotected]. Follow his views and those of John Guy on Who Gets What? wherever podcasts are available or at mortonjohn.libsyn.com.

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Morton Marcus: Artificial intelligence and the artful use of data - Greenfield Daily Reporter

A recent study has shown that 35% of dentists have implemented artificial intelligence (AI) in their dental practices, with 77% reporting positive results from its use. The study, conducted by Dentaly.org in July 2023, surveyed 1265 licensed dentists and patients to explore the potential benefits and risks of AI in dentistry.

One of the key findings from the study was that 62% of surveyed dentists agreed that certain operational tasks in dental clinics could be performed by AI. Additionally, 55% believed that advancements in AI could lead to potential layoffs in the dental care industry within the next five years.

For patients, the biggest concern about integrating AI into dentistry was the lack of human interaction during treatment, with 72% of patients expressing this fear. In contrast, only 10% of surveyed patients said they would be willing to pay more for AI-based dental care or diagnosis.

Dentists who have incorporated AI into their practices highlighted several benefits of the technology. The top-ranking benefits cited were faster and more efficient workflows (76%), predictive analytics for patient outcomes (48%), improved accuracy in diagnosis (40%), enhanced treatment planning (35%), and personalized treatment options (20%).

When asked about the likelihood of adopting additional AI technologies in their practices, the majority of dentists expressed openness to the idea. 47% stated that they were somewhat likely to adopt these technologies in the future, while only 14% indicated that they were somewhat unlikely to do so. None of the respondents considered it very unlikely to adopt AI technologies.

Overall, the findings of the study suggest a positive outlook for the integration of AI technologies in the dental field in the near future.

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More Than One Third of Dentists Incorporate Artificial Intelligence in ... - Fagen wasanni

As investors rush to find the next big AI deal, they should pay more attention to the potential AI has to reinvent venture capital.

While knowledge workers from lawyers to marketers are wondering how safe their jobs are, there is every chance that AI will disrupt the inner workings of the VC world itself. Most obviously, it can accelerate the speed at which investors find and make deals.

But the real power and potential of using tech in venture could be in using it to find hidden gems. Companies that might otherwise go under the radar and be overlooked by investors, who repeatedly source deals from the same networks.

AI can galvanise venture because it expands investors reach - exponentially.In the past 20 years, 514 unicorn companies have come from 65 cities across the continent according to Dealroom, but a small investment team cant hope to physically reach the 100+ places in Europe where exciting companies are emerging every day.

Right now, more than 50% of VC investment goes to just three countries (France, Germany and UK), according to Dealroom. Clearly, there is so much more to talent and potential to be discovered across Europe with a long tail of cities with strong tech talent, developing ideas in relative isolation. Using AI, weve unearthed startups of interest in Bratislava, Andorra and even in Bod in the Arctic Circle. Its leading us down less travelled roads and that has to be an advantage.

The second way that AI will change venture is because it can be used to eliminate bias. Investors naturally focus on the larger European tech hubs, finding founders similar to those they have worked with before - from the same schools and feeder companies. The end result is that the same types of companies and founders continue to get funding.

Extraordinary founders can come from anywhere. Using AI to find targets, we can look beyond easy and familiar founder metrics, instead of focusing on other signals that correlate with growth and potential. One example is bootstrapped companies. Too often, VCs treat these companies as unambitious but companies that choose to grow from revenue have remarkable qualities. This led us to Checkout.com - now one of Europes largest fintechs. As investors focus more on profitability than growth, being alert to these signals will become only more important.

Investors who are prepared to go to less obvious places can convince founders that they will go above and beyond - even when those companies arent actively looking for investment. Road trips for a cup of coffee in St Gallen, Switzerland, or a three-hour drive to Andorra, have led us to deals that were on no ones radar.

The third way that VC will change, is that AI can make up for investors human failings. One mistake that most investors have made is passing on a company at seed and then missing the big opportunity to invest at Series A. But with help from an algorithm, investors can keep an eye on how a company is developing. Things that businesses do every day - make a senior hire or redesign their website - can flag a shift in growth or potential that is worth looking into. These always-on alerts provide capacity and powers that humans alone cant.

Like most knowledge industries, data can only take you so far. Relationship building will remain fundamental to venture and there will always be a role for it. Networking is its own form of intelligence, uncovering things you will never find in the data.

Some will argue that using AI in venture will only lead to more cookie-cutter companies being created. But intentional and careful use of AI can have the opposite effect, creating the potential for a system where untypical and unusual founders can be uncovered.

In this way, we can use technology and software to build a more equal tech ecosystem, with all the benefits to economies and even overlooked communities that will bring. Uncovering a different sort of founder, with a different mission, is vital.

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The real power of applying Artificial Intelligence to VC? Uncovering ... - Tech.eu