- Ethereum-based gaming network Xai has filed a trademark lawsuit against Elon Musk’s Artificial Intelligence company xAI in California.
- Ex Populus, the company behind Xai, claims xAI caused confusion and harmed its brand by using a similar name.
- The lawsuit cites incidents of mistaken association between the two companies, including by consumers and media.
- Ex Populus is seeking to stop xAI’s use of the disputed name for gaming and blockchain services, as well as damages.
- The U.S. Patent and Trademark Office has already put several xAI filings on hold due to possible trademark conflicts.
Ex Populus, the U.S.-based company behind the Ethereum blockchain gaming network Xai, filed a lawsuit against Elon Musk’s xAI in the Northern District of California on Thursday. The company accuses xAI of trademark infringement and unfair competition, claiming xAI’s name is causing confusion in the market and damaging Xai’s reputation.
The complaint states that Ex Populus has used the XAI trademark in U.S. commerce since June 2023 for its gaming ecosystem and the $XAI token. The company operates a blockchain network for video gaming and digital transactions, supporting functions like game rules, AI-based decisions, rewards, and data management across applications.
According to the filing, confusion began after Musk announced xAI in July 2023 and increased after he revealed plans in November 2024 for xAI to start a gaming studio. The complaint points to examples of consumers, media outlets, and even Musk’s AI assistant Grok incorrectly linking xAI with Xai. “Marketplace confusion abounded as to whether Defendants/Musk were associated with, owned, or sponsored Plaintiff’s XAI Trademark or the associated goods and services,” the complaint states.
Ex Populus argues that negative sentiment around Musk and controversies with xAI have led to reputational harm and “significant negative consumer sentiment”. It claims the association has caused loss of control over its brand goodwill as well as direct damage due to the confusion.
The lawsuit also says Musk’s legal team pressured Ex Populus to give up its trademark rights by threatening to seek cancellation of its registration. The U.S. Patent and Trademark Office has suspended several xAI trademark applications because of a high likelihood of confusion with Xai’s existing mark.
Ex Populus is asking the court to cancel xAI’s pending trademarks, award damages, and block xAI from using the name for gaming and blockchain projects in the U.S. “There is no remedy at law for the sheer magnitude of harm Defendants have caused,” the filing states.
For more details, see the full complaint and further coverage on XAI’s statement.
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