Ninth Circuit Upholds Block on OpenAI’s ‘io’ Branding

Overview

• An appeals panel left in place a temporary restraining order that prevents OpenAI and Jony Ive’s venture from using the ‘io’ name for products deemed similar to iyO’s planned AI‑audio computer.
• The court said “IO” and “iyO” are phonetically identical and operate in related categories centered on AI‑driven, natural‑language computing, supporting a likelihood of confusion.
• Judges recognized a reverse‑confusion risk in which a larger entrant could overwhelm the smaller senior brand and lead consumers to view iyO as the infringer.
• The panel agreed iyO faced irreparable harm, citing threats to fundraising and erosion of brand identity following OpenAI’s aggressive rollout.
• The TRO forced OpenAI to remove ‘io’ references from its announcement and website, and the order targets marketing and sales of similar hardware rather than every possible use of the name.