Google sued over alleged trademark infringement for Gemini AI service

Gemini Data, an AI company, has filed a trademark infringement lawsuit against Google over its trademarked “Gemini” name.

The lawsuit, brought against the tech giant in a federal court in San Francisco, alleges that in February, Google rebranded its previously launched generative AI tool to ‘Gemini,’ fully aware that Gemini Data already owned that name. This legal conflict has initiated concerns regarding the reasons behind the tech giant decision to continue with the rebranding.

The complaint alleges that the tech giant probably had not performed a trademark clearance searching activity before adopting the Gemini name for its AI products. Regardless of this, the lawsuit claims that the company did it on purpose, opting to disregard Gemini Data’s exclusive rights. The lawsuit further reveals that the company even tried to secure the trademark earlier this year, but the U.S. Patent and Trademark Office (USPTO) declined.

Google pushes forward with Gemini rebranding despite trademark denial

As per the courts’ filings, the tech giant had applied for a trademark for the name ‘Gemini’ as early as September 2023. The USPTO, on the other hand, provisionally refused the application in May 2024. This is because there was a likelihood of confusion with other registered marks, such as Gemini Data’s ‘GEMINI’ brand.

Following this refusal, the company was said to have applied to extend the period available for filing an appeal for three months to challenge this decision, which is still pending.

The court filing also includes an earlier incident in which an unidentified third party, believed to be representing Google, tried to purchase the “GEMINI” trademark from Gemini Data. Gemini Data backed off from the negotiations when they suspected that the anonymous third party had Google’s involvement.

Google’s AI acknowledges the ongoing trademark dispute

What is interesting regarding the lawsuit is that it includes a claim that even the company’s own AI chatbot acknowledges trademark disputes. The complaint alleges that when Google’s AI was asked whether it was violating the trademark of Gemini Data, the AI confirmed, stating that it was a “developing situation.”

This is not the first battle over the naming rights for Google. Back in 2009, there was a controversy among developers regarding the company’s name of a programming language called “Go” which conflicted with the already existing “Go!” programming language. Google, Meta, and other technology companies have met several conflicts concerning trademarks, often criticized for adopting names that are already in use.