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Ethereum-based gaming blockchain network Xai has filed a trademark infringement lawsuit against Elon Musk’s artificial intelligence company xAI in the Northern District of California, alleging widespread market confusion and reputational damage. The suit, filed by Ex Populus—the Delaware-based entity behind Xai—claims that xAI’s use of the name "xAI" has led to consumer and media misinterpretations, creating the illusion of a connection between the two entities despite their separate operations [1].
According to the complaint, Ex Populus has been using the XAI trademark in U.S. commerce since June 2023, primarily in the context of its blockchain gaming ecosystem and the $XAI token. The company has registered the XAI trademark and built a network designed to power video games and digital transactions, offering infrastructure for game logic, AI-driven decisions, rewards, and data management. The filing emphasizes that the confusion was exacerbated when Musk announced in November 2024 that xAI would launch a dedicated gaming studio, leading to further misunderstandings among users, publications, and even Musk’s AI chatbot, Grok [2].
The lawsuit highlights how the confusion has impacted Xai’s brand. Ex Populus argues that Musk’s public image and the controversies surrounding xAI, such as Grok’s brief period of generating offensive content including antisemitic and racist remarks, have been incorrectly attributed to Xai. The company claims that the association has led to a loss of control over its brand identity and has caused significant negative consumer sentiment. "Plaintiff is not only being irreparably harmed by the loss of control over its hard-earned goodwill in its XAI Trademark… but also Plaintiff is damaged because the confusing association with Elon Musk is resulting in significant negative consumer sentiment," the filing states [1].
Further, the complaint alleges that Musk’s legal team has attempted to pressure Ex Populus into relinquishing its trademark rights, including through threats of cancellation of Xai’s registered trademark earlier in 2024. The U.S. Patent and Trademark Office has also suspended several of xAI’s trademark applications due to the likelihood of confusion with Xai’s existing mark. Ex Populus is seeking legal remedies including the cancellation of xAI’s pending trademark applications, monetary damages, and a court order preventing Musk’s company from using the name in the gaming and blockchain sectors [2].
The legal dispute underscores the growing challenges in the blockchain and AI industries where brand names and trademarks can quickly become entangled due to the high-profile nature of the individuals and companies involved. As both Xai and xAI operate in innovative sectors—blockchain gaming and artificial intelligence—the case has the potential to set a precedent for how similar trademark conflicts are addressed in these rapidly evolving markets [1].
Ex Populus is asking the court to intervene to protect its brand and intellectual property, emphasizing that there is no adequate legal remedy for the scale of harm it claims to have suffered. The lawsuit reflects a broader trend of increasing legal scrutiny over branding in the tech and crypto spaces, as companies seek to secure their market positions amid rising competition and public attention [2].
Source: [1] The Creators of an
Gaming Network Just Sued Elon ... (https://finance.yahoo.com/news/creators-ethereum-gaming-network-just-145245511.html) [2] Xai Sues Elon Musk's xAI Over Trademark Dispute (https://cointelegraph.com/news/ethereum-gaming-network-xai-sues-musk-xai-trademark)
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