DeepSeek's options are limited, as U.S. law favors the first user of a trademark unless bad faith can be proven. Delson Group's earlier filing, claimed earlier use, and active AI-related activities give it an advantage. Gerben suggests that Delson Group might claim "reverse confusion" or block DeepSeek from using its brand name in the U.S. This situation highlights the challenges AI companies face with trademark issues, similar to OpenAI's previous struggles with trademarking "GPT" and disputes over the "Open AI" name.
Key takeaways:
- DeepSeek, a Chinese AI company, is facing a U.S. trademark conflict with Delson Group Inc., which filed for the "DeepSeek" trademark 36 hours before DeepSeek.
- Delson Group, led by Willie Lu, claims to have been selling DeepSeek-branded AI products since early 2020 and has a history of trademark disputes.
- Trademark attorney Josh Gerben suggests that Delson Group may have a strong case for trademark infringement against DeepSeek due to earlier use and filing.
- DeepSeek's options are limited, as U.S. law typically favors the first user of a trademark unless bad faith can be proven.