Introduction
Chinese AI company DeepSeek is facing a new challenge in the US a trademark dispute that may complicate its expansion plans. The issue arose when a Delaware-based company, Delson Group Inc., filed for the “DeepSeek” trademark just 36 hours before it submitted its application to the US Patent and Trademark Office (USPTO).
Delson Group’s DeepSeek Claim
Delson Group claims to have been selling AI products under the “DeepSeek” brand since 2020. The company’s CEO, Willie Lu, has a background in wireless technology and lists himself as a consulting professor at Stanford and an FCC advisor. Plus he has a “DeepSeek” educational course on AI in Las Vegas, so he’s got a strong claim to the DeepSeek name.
Trademark Squatting?
Looking into Delson Group’s history reveals high-profile trademark filings like Geely and China Mobile. It seems that trademarks are being registered to profit from established brands.
DeepSeek’s Options
Under US trademark law, the first company to use a trademark in commerce is generally granted ownership rights. Delson Group’s earlier claim to the “DeepSeek” name and active website showcasing AI activities might work in their favor. Intellectual property attorney Josh Gerben says DeepSeek’s options are limited and Delson Group might even sue for trademark infringement.
An AI Industry Issue
DeepSeek’s case is not unique in the AI space. OpenAI had trouble trademarking “GPT” and have had legal battles over the “Open AI” name. As AI companies grow, trademark disputes are becoming more common, so get your brand rights early.
