OpenAI, Inc. v. Open Artificial Intelligence, Inc. et al
| OPENAI, INC. |
| Open Artificial Intelligence, Inc. and Guy Ravine |
| 4:2023cv03918 |
| August 4, 2023 |
| US District Court for the Northern District of California |
| Thomas S Hixson |
| Yvonne Gonzalez Rogers |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 Received EXHIBIT O - Thumb drive to re #25 Declaration in Support filed byOpenAI, Inc.. (Related document(s) #25 ) (jml, COURT STAFF) (Filed on 9/29/2023) |
| Filing 25 Declaration of Aaron Perahia in Support of #21 MOTION for Preliminary Injunction Against Defendants Open Artificial Intelligence, Inc. and Guy Ravine filed byOpenAI, Inc.. (Attachments: #1 Exhibit A - Ravine's Trademark Application, #2 Exhibit B - March 2016 PTO Office Action, #3 Exhibit C - September 2016 Ravine Response to PTO, #4 Exhibit D - Defendants' Hub Website (Desktop), #5 Exhibit E - Defendants' Hub Website (Mobile), #6 Exhibit F - GitHub Posts, #7 Exhibit G - Supplemental Registration, #8 Exhibit H - Defendants' Declaration of Use, #9 Exhibit I - Defendants' Website (2015-2017), #10 Exhibit J - Defendants' Website (2017-2022), #11 Exhibit K - Defendants' Website (Late 2022), #12 Exhibit L - Defendants' Home Page, #13 Exhibit M - Defendants' Terms of Use Page, #14 Exhibit N - Defendants' Feed Page, #15 Exhibit O - Notice of Manual Filing, #16 Exhibit P - ChatGPT-Related Prompts, #17 Exhibit Q - Defendants' Staging Subdomain, #18 Exhibit R - Defendants' Chat Subdomain, #19 Exhibit S - Defendants' Revised Webpages, #20 Exhibit T - Guy Ravine LinkedIn Profile, #21 Exhibit U - Online Articles re: Actual Confusion, #22 Exhibit V - Social Media Posts re Actual Confusion, #23 Exhibit W - Open.AI WhoIS, #24 Exhibit X - Google Searches, #25 Exhibit V - OpenAI's Homepage)(Related document(s) #21 ) (Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 24 Declaration of Dr. Scott D. Swain in Support of #21 MOTION for Preliminary Injunction Against Defendants Open Artificial Intelligence, Inc. and Guy Ravine filed byOpenAI, Inc.. (Attachments: #1 Exhibit A - Dr. Swain's Curriculum Vitae, #2 Exhibit B - Dr. Swain's Testimony in Last 4 Years, #3 Exhibit C - Dr. Swain's Materials Considered, #4 Exhibit D - Google Searches for Proximity, #5 Exhibit E - Actual Confusion in Third-Party Articles, #6 Exhibit F - Actual Confusion in Social Media Posts, #7 Exhibit G - Dr. Swain's Survey Script, #8 Exhibit H - Screenshots of Survey, #9 Exhibit I - Data Tabulations)(Related document(s) #21 ) (Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 23 Declaration of Rebecca McCurry in Support of #21 MOTION for Preliminary Injunction Against Defendants Open Artificial Intelligence, Inc. and Guy Ravine filed byOpenAI, Inc.. (Attachments: #1 Exhibit A - U.S. PTO Response to Document Request)(Related document(s) #21 ) (Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 22 Declaration of James Dyett in Support of #21 MOTION for Preliminary Injunction Against Defendants Open Artificial Intelligence, Inc. and Guy Ravine filed byOpenAI, Inc.. (Attachments: #1 Exhibit A - OpenAI's Introduction Post, #2 Exhibit B - Articles re: OpenAI's Founding, #3 Exhibit C - OpenAI's DALL E Announcement, #4 Exhibit D - OpenAI's ChatGPT Announcement, #5 Exhibit E - Reuters Article re: ChatGPT, #6 Exhibit F - OpenAI's DALL E Announcement, #7 Exhibit G - OpenAI's ChatGPT Plus Announcement, #8 Exhibit H - OpenAI's Website on December 11, 2015, #9 Exhibit I - OpenAI's ChatGPT Login Page (Desktop), #10 Exhibit J - OpenAI's ChatGPT Login Page (Mobile), #11 Exhibit K - OpenAI's GPT-4 Page (Desktop), #12 Exhibit L - OpenAI's GPT-4 Page (Mobile), #13 Exhibit M - OpenAI's Website Traffic, #14 Exhibit N - OpenAI's Twitter Profile, #15 Exhibit O - OpenAI's LinkedIn Profile, #16 Exhibit P - OpenAI's YouTube Profile, #17 Exhibit Q - Press Coverage re: OpenAI, #18 Exhibit R - TV News Coverage re: OpenAI, #19 Exhibit S - OpenAI's Safety Standards Page, #20 Exhibit T - OpenAI's Usage Policy Page, #21 Exhibit U - OpenAI's DALL E 2 Page, #22 Exhibit V - News Articles re: Competitors)(Related document(s) #21 ) (Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 21 MOTION for Preliminary Injunction Against Defendants Open Artificial Intelligence, Inc. and Guy Ravine filed by OpenAI, Inc.. Motion Hearing set for 11/7/2023 02:00 PM in Oakland, Courtroom 1, 4th Floor before Judge Yvonne Gonzalez Rogers. Responses due by 10/13/2023. Replies due by 10/20/2023. (Attachments: #1 Proposed Order Granting OpenAI's Motion)(Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 20 WAIVER OF SERVICE Returned Executed filed by OpenAI, Inc.. Service waived by Guy Ravine waiver sent on 8/11/2023, answer due 10/10/2023. (Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 19 CERTIFICATE OF SERVICE by OpenAI, Inc. of Complaint on Open Artificial Intelligence, Inc. (Perahia, Aaron) (Filed on 9/29/2023) |
| Filing 18 NOTICE of Appearance by Robert P. Feldman (Feldman, Robert) (Filed on 9/21/2023) |
| Filing 17 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. You are hereby notified that the Initial Case Management Conference will be held by Zoom Webinar. Joint Case Management Statement is due by 10/23/2023. Initial Case Management Conference set for 10/30/2023 at 02:00 PM in Oakland, - Videoconference Only. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at ygrcrd@cand.uscourts.gov no later than October 27, 2023 at 12:00 PM PST. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (eac, COURT STAFF) (Filed on 9/19/2023) |
Filing 16
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 09/19/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 9/19/2023)
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| Filing 15 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (rmm2, COURT STAFF) (Filed on 9/18/2023) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Open Artificial Intelligence, Inc... (Masur, Joshua) (Filed on 9/18/2023) |
| Filing 13 Rule 7.1 Disclosures by Open Artificial Intelligence, Inc. and Civ. L.R. 3-15 Certification (Masur, Joshua) (Filed on 9/5/2023) |
| Filing 12 STIPULATION re #10 Summons Issued, #1 Complaint, TO EXTEND DEFENDANT OPEN ARTIFICIAL INTELLIGENCE, INC.'S TIME TO RESPOND TO COMPLAINT filed by Open Artificial Intelligence, Inc.. (Masur, Joshua) (Filed on 9/5/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by OpenAI, Inc... (Caruso, Margret) (Filed on 8/25/2023) |
| Filing 10 Summons Issued as to Open Artificial Intelligence, Inc., Guy Ravine. (hdj, COURT STAFF) (Filed on 8/7/2023) |
| Filing 9 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/26/2023. Initial Case Management Conference set for 11/2/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (hdj, COURT STAFF) (Filed on 8/7/2023) |
| Filing 8 NOTICE of Appearance by Margret Mary Caruso on behalf of Plaintiff OpenAI, Inc. (Caruso, Margret) (Filed on 8/7/2023) |
| Filing 7 Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/18/2023. (kmg, COURT STAFF) (Filed on 8/4/2023) |
| Filing 6 NOTICE of Appearance by Robert Michael Schwartz on behalf of Plaintiff OpenAI, Inc. (Schwartz, Robert) (Filed on 8/4/2023) |
| Filing 5 NOTICE of Appearance by Sam Stephen Stake on behalf of Plaintiff OpenAI, Inc. (Stake, Sam) (Filed on 8/4/2023) |
| Filing 4 REPORT on the filing or determination of an action regarding Trademark (Suppl. Reg. No. 5,258,002) (cc: form mailed to register). (Perahia, Aaron) (Filed on 8/4/2023) |
| Filing 3 Rule 7.1 Disclosures by OPENAI, INC. and Certification re: Conflicts and Interested Parties Per Civ. L.R. 3-15 (Perahia, Aaron) (Filed on 8/4/2023) |
| Filing 2 Proposed Summons. (Perahia, Aaron) (Filed on 8/4/2023) |
| Filing 1 COMPLAINT with Jury Demand for Trademark Infringement, Unfair Competition, Fraudulent Registration, and Cancellation of Registration against All Defendants ( Filing fee $ 402, receipt number ACANDC-18515239.). Filed byOPENAI, INC.. (Attachments: #1 Civil Cover Sheet)(Perahia, Aaron) (Filed on 8/4/2023) |
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