As much as I hate OpenAI for hijacking the term "open", and I love the idea of OpenAI losing, I am not sure if I agree with it.
Trademarks are first intended to protect consumers, so that if it says Coca Cola, then the Coca Cola company made it, for the better of for the worse, but at least you know.
OpenAI is already a well known name in Europe, and when I see OpenAI on a product, I expect it to be a product of that company. It doesn't mean I will want to use it, I may even want to avoid it, but I don't want it to be from someone else. By denying that trademark, anyone could call their product OpenAI, and I don't think that situation would benefit the consumer.
>OpenAI is already a well known name in Europe
Are there brand awareness surveys that back that up?
> Trademarks are first intended to protect consumers
Huh? I thought they're intended to protect "innovation".
As explained in the judgement, being well-known is irrelevant. This is not about consumer protection, but about brand protection.
You are right that the decision has the potential to confuse consumers. However, that is on Open AI, they should have consulted trademark lawyers earlier, and should have rebranded after shifting from open AI to commercial AI.