Openai, Inc. v. Open Artificial Intelligence, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

OPENAI, INC., No. 24-1963 D.C. No. Plaintiff - Appellee, 4:23-cv-03918-YGR v.

MEMORANDUM*

OPEN ARTIFICIAL INTELLIGENCE,

INC.; GUY RAVINE,

Defendants - Appellants.

Appeal from the United States District Court for the Northern District of California Yvonne Gonzalez Rogers, District Judge, Presiding

Argued and Submitted October 25, 2024 San Francisco, California

Before: S.R. THOMAS, OWENS, and COLLINS, Circuit Judges. Dissent by Judge COLLINS.

Defendants Open Artificial Intelligence, Inc. and Guy Ravine appeal from

the district court’s order granting a preliminary injunction to Plaintiff OpenAI, Inc.

in a trademark action under the Lanham Act. Defendants also appeal from the

denial of their motion under Fed. R. Civ. P. 59(e) and 60(b) to amend or vacate

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. that injunction. As the parties are familiar with the facts, we…