Gemini Data has initiated legal proceedings against Google, accusing the tech firm of using the Gemini name for its AI tool without permission. The lawsuit, submitted in a federal court in San Francisco, contends that Google proceeded with focusing on its AI service as Gemini despite knowing about Gemini Data's trademark, a claim highlighted in the legal documentation.
Background and Filing Details
In early 2023, Google transitioned its AI service name from Bard to Gemini, coinciding with the rollout of its Gemini model series late last year. Gemini Data, whose enterprise AI platform operates under the same name, argues that Google had done the necessary background checks on trademarks and was informed of their rights. The filing accuses Google of deliberately ignoring Gemini Data's existing trademark.
Trademark guidelines from the US Patent and Trademark Office generally disallow identical names within similar markets to minimize consumer confusion. Google's trademark application for the name “Gemini” was initially turned down in May due to resemblances with other existing trademarks, such as Gemini Institutional and My Gemini. Nonetheless, Google has sought additional time before the USPTO finalizes its judgment.
Google's Alleged Actions
Further accusations in the lawsuit suggest Google tried to buy rights to the Gemini name through an unidentified third party. Gemini Data alleges this anonymous party was likely representing Google's interests, which led them to cut off negotiations. The lawsuit further points out that Google's AI named Gemini reportedly admits to the trademark issue when questioned about it, commenting, “Yes, it's a developing situation.”
Naming conflicts are not new for Google. Back in 2009, the company faced backlash for naming its programming language “Go,” which was similar to an existing language, “Go!” Recently, Meta, which was previously Facebook, reached a settlement over its new name with Metacapital Management in another naming rights dispute.
Google has chosen not to provide any statements regarding the ongoing lawsuit. These incidents underscore the persistent issues tech companies encounter concerning brand names and trademarks, which become increasingly complex as businesses broaden their portfolios.
Google's Ongoing Legal Woes
US courts in August found Google guilty of monopolistic practices. Among the potential outcomes from the ruling could be to break up the company.
The decision for the wider DoJ investigation was made last September and could have a huge impact on Google and its parent Alphabet. Last year, the DoJ accused the company of destroying evidence by deleting chats between employees. In November 2022, Google agreed to pay hundreds of millions of dollars to 40 states in the biggest anti-trust settlement in U.S. law.
Google argued that the failure of rivals such as Microsoft Bing was not down to its own practices but rather the failures of Microsoft. The trial also looked into Google's search ad practices. As we reported in September, the DOJ alleges that Google's market dominance allows it to hike ad prices without significant consequences.
A class action lawsuit against Google has been reinstated by the U.S. Court of Appeals for the 9th Circuit in August, involving claims from Chrome users who allege improper data collection practices. Initially filed in 2020, the lawsuit accuses Google of collecting personal data from Chrome users without obtaining explicit consent.
