As I mentioned in my previous article, the different cases and repercussions of ChatGPT have been updated. There are both positive and negative updates for OpenAI in the different cases they are involved with this year.

On the positive side, (https://www.wmar2news.com/judge-sides-partially-with-openai-over-chatgpt-copyright-claims) U.S. District Judge Araceli Martínez-Olguín, a California federal judge, dismissed the majority of copyright claims that a group of authors had. The plaintiffs, which included authors like comedienne Sarah Silverman and novelist Paul Tremblay, are said to have not included enough evidence to prove that ChatGPT had been trained with their writings to formulate its responses. According to different reports, this has been deemed as very similar to decisions by other federal judges. Despite this, Judge Martínez-Olguín allowed the authors to amend their complaint by March 13 establishing that ChatGPT violated their copyright by copying their books without permission. We are still waiting for many other cases in this saga, so it is important to stay alert to them.

Despite this, OpenAI was dealt a blow in their trademark case with the United States Patent and Trademark Office (“USPTO”) by not allowing them to use the term “GPT” as a trademark (https://www.analyticsinsight.net/openai-loses-the-battle-for-gpt-trademark/). For a trademark to be registered, it needs to be unique enough that, in the mind of the consumers, there is a link between the product and its provider. The USPTO ruled against their application, emitting their Final Office Action on February 9. In it, they establish that the trademark “ChatGPT” is not distinctive enough to be a trademark because the main components of the mark, that is “Chat” and “GPT” are both descriptive of what the service given is. For context, “GPT” is an acronym that refers to “generative pre-trained transformer”. With the Final Office Action, OpenAI as an entity, has its options limited for protecting its branding on the ever-so-popular program, although the overall effects of this on its business model are still to be determined.

As I mentioned before, Artificial Intelligence is one of the most contentious points for the legal world and OpenAI’s efforts will, without a doubt, carve out the path by which we will move in the future.

José Portabella, Abogado, BridgehouseLaw Charlotte