“Brand Protection Takeaways From OpenAI Trademark Case”

Jennifer Fraser and Diego Freire authored the Law360 Expert Analysis column, “Brand Protection Takeaways From OpenAI Trademark Case.” In the article, Fraser and Freire analyze the recent trademark dispute IYO Inc. v. IO Products Inc., in which a federal court granted a temporary restraining order against OpenAI’s “IO” branding, citing likely reverse confusion with the startup IYO’s preexisting AI hardware trademark.

The article emphasizes that trademark claims can be ripe even before a product launch and that courts may side with smaller companies when large players create consumer confusion or erode brand goodwill. The authors offer key takeaways on early brand protection, the strength of reverse confusion arguments, and the risks of insufficient trademark clearance during product development.