Affiliate Michael Mitzenmacher and Analysis Group Team Support OpenAI’s Trademark Win

September 24, 2025

Analysis Group was retained on behalf of OpenAI, the plaintiff in trademark litigation against Open Artificial Intelligence. OpenAI – an AI software company that creates AI models and applications, including the ChatGPT chatbot – alleged that the defendants’ use of the name “Open AI” and the domain “www.open.ai” was likely to cause confusion in the marketplace, such that relevant consumers would mistakenly infer a connection or affiliation between the two companies. In response, the defendants challenged the validity of OpenAI’s trademark rights and claimed to be the senior user of the mark.

An Analysis Group team led by Vice President Christopher Llop and Manager Timothy Spittle supported academic affiliate and computer science expert Michael Mitzenmacher, who analyzed the defendants’ claims about their websites’ technical capabilities. Professor Mitzenmacher analyzed the website code and found that the defendants’ web products used standard, existing technology without proprietary modifications or enhancements and thus did not represent advances in AI code.

A judge in the US District Court in the Northern District of California granted the plaintiff’s motion for summary judgment and enjoined the defendants from further use of the Open AI mark. In her order, the judge noted that the two parties offered different types of products in different segments and thus found no genuine disputes of material fact regarding the defendants’ trademark infringement counterclaims.