Gemini Data, which offers an enterprise AI platform, has sued Google for calling its own AI service by the same name.
Google renamed its generative AI service from Bard to Gemini in February, after introducing its Gemini model family in December 2023. But the Chocolate Factory did so without evident concern that the name was already in use as an AI brand.
“As a sophisticated company, Google undoubtedly conducted a trademark clearance search prior to publicly re-branding its entire line of AI products, and thus was unequivocally aware of Gemini Data’s registered and exclusive rights to the ‘GEMINI’ brand,” says the complaint [PDF], filed on Wednesday in San Francisco federal court. “Yet, Google made the calculated decision to bulldoze over Gemini Data’s exclusive rights without hesitation.”
The US Patent and Trademark Office (USPTO) allows similar names for different types of businesses when it’s unlikely the name overlap will confuse consumers. However, name duplication in the same industry sector is generally not allowed.
Hence, as the complaint points out, Google tried to obtain a trademark for Gemini in September 2023 but was provisionally refused in May. The USPTO said Google’s proposed use of the name is confusingly similar to multiple other registered marks, Gemini Institutional, Gemini Clearing, Gemini Gemini Data, Gemini, and My Gemini.
Google, which has applied for a three-month extension before the USPTO determination becomes final, did not respond to a request for comment.
Following the USPTO refusal, the complaint claims, Google secretly tried to acquire the rights to the name.
“Gemini Data was contacted by an ‘anonymous’ entity regarding the possibility of acquiring rights to the ‘GEMINI’ brand,” the complaint says. “After some back and forth, Gemini Data ultimately suspected that the anonymous entity was acting on behalf of Google and ceased contact with the other party.”
The legal filing goes on to claim that Google’s Gemini chatbot is more open about the trademark conflict.
The complaint says, “In an almost laughable example of Google’s hubris, if you ask Google’s Gemini application if it is aware that it is infringing upon the trademark of Gemini Data Inc., it responds ‘Yes’ and that ‘[i]t’s a developing situation.'”
Screenshot of Exhibit A from Gemini Data v. Google – Click to enlarge
Back in 2009, Google drew the ire of some software developers for naming its programming language “Go” when there was already a “Go!” programming language.
Google is not alone in its affinity for trademarked names. Meta recently settled a trademark lawsuit with Metacapital Management following the social media firm’s decision to be known by something other than Facebook. ®