On Tuesday, the Chinese startup DeepSeek submitted a trademark registration application to the US Patent and Trademark Office (USPTO), only to discover that another entity, Delson Group Inc., had preempted them by a mere 36 hours. Delson Group, which has reportedly been marketing artificial intelligence products under the DeepSeek name since early 2020, is based in Cupertino and led by CEO Willie Lu. Lu has an impressive background, having served as a consulting professor at Stanford University and an advisor to the Federal Communications Commission. Notably, he and DeepSeek's founder, Liang Wenfeng, share an educational history at Zhejiang University. Further investigation revealed that Lu is instructing a course entitled "DeepSeek" in Las Vegas, focusing on "AI superintelligence," with fees starting at $800. His extensive experience in information and communication technologies and AI spans approximately three decades. A review of trademark records indicates that Delson Group is engaged in numerous disputes, including with notable companies like GSMA and Tencent, and has abandoned several trademark applications. Delson Group collectively holds 28 registered trademarks, some of which belong to major Chinese firms, suggesting a potential strategy of swiftly acquiring trademarks for resale purposes, reminiscent of tactics employed by businessman Zhang Baosheng, who famously registered the "Tesla" trademark in China. Legal expert Josh Gerben warns that DeepSeek might face significant trademark challenges in the US, as Delson Group could assert its prior rights and demonstrate earlier usage, complicating DeepSeek's market position. Compounding the issue, OpenAI has also encountered trademark registration difficulties, underscoring the complex landscape within which these companies operate amidst increasing competition in the AI sector.
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