OpenAI, creators of the ChatGPT phenomenon, has filed a UDRP against the domain name ChatGPT.com.
As noted by Elliot of DomainInvesting, the domain is listed in a fresh UDRP filed at the WIPO.
ChatGPT.com was registered last December, and we pointed out at the time that it was being monetized with PPC ads.
In February, we noted that registering domain names with “ChatGPT” is a risky practice, as OpenAI filed an application for the mark’s registration at the USPTO.
That trademark registration application was filed at the end of December, with an intend to use clause; since then, OpenAI has provided a statement of use of the mark in interstate commerce, that was filed on March 7, 2023.
One of these specimens are below:
And one more interesting tidbit: the WHOIS for the domain ChatGPT.com is now open, perhaps due to the ongoing UDRP; the registrant is Site Matrix LLC, a company that as far as we can tell has been linked to domain investor and entrepreneur, Rick Latona.
OpenAI also filed a petition at the USPTO to make the mark “Special” (PDF.) It reads as follows:
THE UNITED STATES PATENT AND TRADEMARK OFFICE
Applicant: OpenAI OpCo, LLC Serial Nos.: 97733261 and 97733259 Date Filed: December 27, 2022 Marks: CHATGPT and GPT
To the Deputy Commissioner for Trademark Examination Policy P.O. Box 1451 Alexandria, VA 22313-1451
Dear Sir/Madam:
PETITION TO MAKE SPECIAL UNDER 37 CFR § 2.146
Statement of Facts
I, Jason Kwon, General Counsel at OpenAI OpCo, LLC (“OpenAI”or“Applicant”), am authorized to make this Statement on behalf of Applicant and have firsthand knowledge of the following facts:
1. OpenAI publicly launched its CHATGPT chatbot on November 30, 2022. The AI-powered software program, one in a series of Applicant’s GPT machine learning models, interacts with users conversationally, able to engage in real-time text-based communication and respond to questions and prompts.
2. Almost immediately upon launch, the CHATGPT software received widespread public and media attention, including being featured in numerous major news publications like the Wall Street Journal, The Guardian, Slate, Vox, and The New York Times, where it was recognized as “quite simply the best artificial intelligence chatbot ever released.” See Exhibit A.1
3. The instant success of CHATGPT program and associated worldwide acclaim has led to widespread recognition of the CHATGPT mark in a very short period of time. Media outlets surmise that the CHATGPT chatbot was accessed by more than one million users within the first five days of its November 30 launch, and that the chatbot was being used by upwards of tens of millions of users within the first month. In comparison, it reportedly took the popular TikTok app nine months to reach that many users. See Exhibit B.2
4. The exceptional popularity of the CHATGPT program and mark has also resulted in an alarming number of developers quickly creating and releasing counterfeit apps purporting to be the genuine CHATGPT program or otherwise associated with OpenAI or OpenAI’s other GPT models. The flood of infringing software products has itself received prominent media attention. See Exhibit C.3
5. Beyond damaging the reputation and goodwill associated with OpenAI’s CHATGPT and GPT marks, counterfeit “CHATGPT” and “GPT” apps and software programs present significant risk to the public and users who unsuspectingly download or access the counterfeit app believing it to be associated with OpenAI. Many of these counterfeit apps, for example, attempt to trick the user into paying the developer a fee for alleged extra access or addons to OpenAI’s software.
6. OpenAI is taking aggressive action against the myriad infringements and counterfeit apps; however, its ability to pursue and prevent counterfeit software is dependent in part on registration of its CHATGPT and GPT marks. For example, several internet service providers will not act to remove infringing content absent proof of a trademark registration for the infringed mark. As such, it is urgent that OpenAI obtain registration of the CHATGPT and GPT marks on an expedited basis to assist with OpenAI’s global anti-infringement program.
7. OpenAI recognizes that making an application “special”is an extraordinary remedy that is granted only when very special circumstances exist. The seemingly unprecedented widespread and immediate attention the CHATPGPT software received, which resulted in widespread and immediate infringements, is a very special circumstance, including one highly unlikely to apply equally to a large number of other applicants. As such, OpenAI’s applications merit expedited examination.
I hereby declare that all statements made herein of my own knowledge are true and that all statements made on information and belief are believed to be true; and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under Section 1001 of Title 18 of the United States Code and that such willful false statements may jeopardize the validity or the application or any trademark issued thereon.
Respectfully submitted,
Signature: ________________ Jason Kwon General Counsel
Date: 3/16/2023
It’s definitely only the beginning of a series of UDRP filings and this is by far the most important one to follow.
I think the company has a fair argument to get “ChatGPT” as a trademark, but probably not “GPT” itself (as they also appear to be seeking).
To be able to register a trademark in the U.S., the applicant has to show that the proposed trademark is in fact “distinctive” of their company. The more generic a term is in its field, whether to begin with (i.e., by not becoming distinctive in the first place…), or over time (i.e., by failing to maintain its distinctiveness), the less likely it is to be registerable. Such “distinctiveness” is notably harder to achieve and/or maintain for terms that are more generic/descriptive rather than truly unique…
In the case of “GPT,” in the context of software (specifically A.I.), those letters — particularly in that combination — are understood to stand for things that refer to a kind of A.I. language model having certain characteristics, even though OpenAI was first to produce a (g)enerative (p)retrained (t)ransformer and they’re still the most notable provider of such technologies.