The OpenAI “io” vs “iyO” Dispute: When Billions Can’t Buy You Out of Trademark Trouble

Even a $6.5 billion deal between tech giants can be brought to a halt by a trademark dispute. OpenAI and legendary (former) Apple designer Jony Ive just learned this lesson the hard way when a federal judge ordered them to stop marketing their new AI hardware venture due to trademark infringement claims from a competing startup.

The case offers a masterclass in how trademark law works in practice and why even the most well-funded companies can’t simply ignore existing trademark rights. More importantly, it shows exactly what can go wrong when businesses skip proper trademark clearance before launching new products or partnerships.

The Players and the Problem

In May 2025, OpenAI announced it was acquiring “io Products,” a company co-founded by Jony Ive, the designer behind the iPhone and other iconic Apple products. The deal, valued at nearly $6.5 billion, was positioned as a partnership to create revolutionary AI hardware devices that would go beyond traditional products and interfaces.

OpenAI promoted the partnership with slick marketing materials, including a video featuring CEO Sam Altman and Ive discussing their vision for the future of AI hardware. The promotional campaign emphasized their shared goal of creating devices that would complement smartphones and laptops as a third essential computing device.

But there was a problem. A Google-backed startup called iyO, which emerged from Alphabet’s X “moonshot factory,” was already developing AI-powered earbuds under a remarkably similar name. Led by CEO Jason Rugolo, iyO had been working on generative AI-powered custom headphones and had even pitched partnership opportunities to both Altman’s investment firm and Ive’s design company back in 2022.

The collision was perhaps inevitable. Both companies were targeting the same market space with similar technology, and their names were confusingly similar when spoken aloud. The stage was set for a classic trademark dispute.

The Legal Ruling That Changed Everything

On a Friday in late June 2025, U.S. District Judge Trina Thompson delivered a ruling that would halt one of the tech industry’s biggest deals. She found that iyO had demonstrated “a strong enough trademark infringement case to proceed to a hearing in October” and issued a preliminary injunction ordering Altman, Ive, and OpenAI to stop “using the IYO mark, and any mark confusingly similar thereto, including the IO mark in connection with the marketing or sale of related products.”

The consequences were immediate and dramatic. OpenAI responded by scrubbing its website of mentions of the new venture, including the web page announcing the May 21 acquisition. In its place, the company posted a message saying the page “is temporarily down due to a court order” and added: “We don’t agree with the complaint and are reviewing our options.”

The promotional video that had showcased the partnership between two of tech’s most recognizable figures vanished from OpenAI’s YouTube channel. Marketing materials that had cost millions to produce and distribute were pulled down within days of the court order.

iyO’s CEO Jason Rugolo celebrated the victory with a defiant statement: “IYO will not roll over and let Sam and Jony trample on our rights, no matter how rich and famous they are.”

The Trademark Law Principles at Play

This case illustrates several fundamental principles of trademark law that every business owner should understand.

Likelihood of Confusion

The core issue in most trademark disputes is whether consumers are likely to be confused about the source of products or services. Courts examine factors like the similarity of the marks, the relatedness of the goods or services, the strength of the existing trademark, and evidence of actual consumer confusion.

Here, both companies were developing AI hardware products targeting similar sophisticated consumer markets. The phonetic similarity between “io” (pronounced “eye-oh”) and “iyO” created obvious potential for confusion, especially when spoken aloud or heard in advertisements.

Prior Use Versus Deep Pockets

Trademark rights in the United States are generally based on actual use in commerce, not just registration or the size of your bank account. iyO’s advantage came from their earlier development and marketing of AI hardware under a similar name, combined with their outreach to both Altman and Ive in 2022.

According to court filings, Altman and Ive chose the “io” name because “it is a common phrase for ‘input/output'” and acquired the io.com domain in August 2023. However, this generic rationale didn’t protect them from infringement claims when another company was already using a confusingly similar mark in the same industry.

Industry Context Matters

The fact that both companies operated in the emerging AI hardware space made the trademark conflict more serious. Courts pay close attention to whether companies compete in the same market channels and target the same customers. When iyO had previously approached both parties about potential partnerships, it established clear evidence that all parties knew about each other’s existence and business focus.

The Business Lessons: What Went Wrong

This case reveals several critical mistakes that businesses make when developing new brands or partnerships.

Failure to Conduct Proper Clearance

The most glaring error was the (apparent) lack of thorough trademark searching before committing to the “io” name for such a massive business venture. Any proper trademark search would have identified iyO as a potential conflict, especially given their previous direct contact with both Altman and Ive.

Professional trademark searches examine not just identical matches, but also similar marks that could create confusion. A search covering federal registrations, state trademarks, common law uses, and business name databases would have flagged the risk.

Ignoring Known Competitors

Court documents reveal that iyO’s Rugolo had approached OpenAI multiple times seeking funding, proposing to sell the company for $200 million, or exploring partnership opportunities. After io launched on May 21, Rugolo even congratulated OpenAI’s hardware officer on the launch. When the officer declined partnership discussions, “Rugolo then raised an issue with the name for the first time.”

This timeline suggests OpenAI was aware of iyO’s existence and similar naming when they moved forward with their own “io” branding. Such knowledge makes the infringement claim stronger and demonstrates willful disregard for existing rights.

Underestimating Legal Risks

The scale of this deal, $6.5 billion, makes the trademark oversight even more puzzling. Due diligence for acquisitions of this magnitude typically involves extensive legal review, including intellectual property clearance. The fact that this naming conflict wasn’t identified and resolved before the public announcement suggests inadequate legal preparation.

What This Means for Your Business

The OpenAI case demonstrates several crucial lessons for businesses of any size.

Immediate Consequences of Trademark Disputes

When trademark disputes arise, courts can halt business operations immediately through preliminary injunctions. You don’t have to wait for a full trial. If a judge finds a likelihood of success on the merits and irreparable harm, your marketing, sales, and operations can be stopped while litigation proceeds.

In this case, the October 2025 hearing date means OpenAI and Ive face months of uncertainty about their partnership marketing. The business disruption extends beyond just changing a name – it affects investor confidence, partnership agreements, employee morale, and market positioning.

The Real Cost of Trademark Mistakes

Beyond legal fees and court costs, trademark disputes create cascading business problems. OpenAI had to withdraw marketing materials, redesign promotional campaigns, and explain the situation to partners and investors. The reputational damage from a high-profile legal dispute affects business relationships and market credibility.

For smaller businesses, these costs can be devastating. While OpenAI can absorb the financial impact of this dispute, most companies cannot afford to halt their marketing and rebrand their products while fighting expensive litigation.

Why Industry Knowledge Matters

Trademark law pays special attention to industry context. If you’re entering a market where similar names already exist, your risk of infringement claims increases significantly. The AI and technology sectors are particularly crowded with similar-sounding company names, making clearance searches even more critical.

How Proper Trademark Protection Could Have Prevented This

A systematic trademark clearance process would have identified this problem before it became a $6.5 billion headache.

The Search Process That Should Have Happened

Professional trademark clearance begins with searching the USPTO database for registered and pending trademarks. However, complete clearance requires much more extensive investigation.

State trademark databases cover marks registered at the state level. Common law searches examine unregistered trademarks based on actual business use. Domain name and business registration databases reveal potential conflicts that haven’t been formally trademarked. Industry publications and trade databases can identify companies using similar names in relevant markets.

For this case, any of these searches would have identified iyO as a potential problem. Given the prior business contact between the parties, the conflict should have been obvious during any reasonable due diligence process.

Legal Analysis Before Public Launch

Once potential conflicts are identified, qualified trademark counsel can analyze the likelihood of successful challenges. This analysis considers factors like the strength of existing marks, the similarity of products and services, the overlap in marketing channels, and the geographic scope of both businesses.

Had OpenAI conducted this analysis, they could have evaluated whether to proceed with the “io” name, negotiate a coexistence agreement with iyO, choose a different name entirely, or acquire iyO to eliminate the conflict. All of these options would have been less expensive and disruptive than the current litigation.

Proactive Protection Strategies

Smart businesses file their own trademark applications early in the product development process. Even if you’re not ready to launch, an “intent to use” application can establish priority and provide some protection against later adopters of similar marks.

For major business ventures like the OpenAI-Ive partnership, trademark clearance should happen before significant investments in branding, marketing materials, domain names, and public announcements. The cost of professional clearance is minimal compared to the expense of rebranding or litigation.

The Road Ahead: What Happens Next

The October 2025 hearing will determine whether iyO’s trademark claims have permanent merit or whether OpenAI and Ive can continue using their chosen name. Both sides are likely preparing extensive legal arguments about the strength of their respective rights, the likelihood of consumer confusion, and the appropriate remedies.

iyO claims their AI earbuds were offered for pre-order with a $69 deposit for winter 2024 delivery, though the products were never shipped. This delayed launch could affect their ability to claim strong trademark rights based on continuous commercial use.

Meanwhile, OpenAI’s legal team argues that “io is at least a year away from offering any goods or services, and the first product it intends to offer is not an in-ear device” like iyO’s earbuds. They’re positioning their planned devices as different enough to avoid direct competition.

The resolution of this case will be watched closely throughout the technology industry. It could establish important precedents about trademark rights in the emerging AI hardware market and influence how other companies approach naming and clearance for new ventures.

Your Business Can’t Afford This Risk

This case proves that no company, regardless of size, funding, or high-profile partnerships, is immune to trademark disputes. The same legal principles that halted a $6.5 billion deal between OpenAI and Jony Ive apply to your business name, product launches, and brand expansion plans.

Every day you operate without proper trademark clearance, you risk receiving a cease and desist letter that could force you to abandon marketing campaigns, change business names, or face expensive litigation. The cost of professional trademark searches and legal analysis is a fraction of what you’ll spend on emergency rebranding, legal defense, and lost business opportunities.

Whether you’re launching a new product, expanding into new markets, or planning a major partnership, trademark clearance should be one of your first steps. Don’t let trademark troubles derail your business success the way they’ve disrupted one of tech’s biggest deals.

Take Action Today

The OpenAI-iyO dispute reminds us that in trademark law, prior rights often trump deep pockets. Even billion-dollar deals can be stopped by proper trademark enforcement. The lesson for your business is clear: protect your brand before someone else’s rights stand in your way.

Don’t wait for a cease and desist letter or court order to address your trademark needs. Professional trademark registration costs far less than the legal fees, rebranding expenses, and business disruption you’ll face if conflicts arise after you’ve invested in marketing and operations.

In my practice, I’ve helped thousands of businesses navigate these exact issues through proper trademark searching, clearance analysis, and strategic protection planning. The businesses that invest in professional trademark guidance from the beginning avoid the expensive problems that reactive approaches create.

Your brand is one of your most valuable business assets. Make sure it’s properly protected before competitors or prior users can challenge your rights to use it.


About the author
Xavier Morales, Esq.
Xavier Morales, Esq.
Founder, Law Office of Xavier Morales
Mr. Morales founded this trademark law practice in January 2007 with the goal of providing intellectual property expertise to entrepreneurs and businesses around the country. Since then, he has filed more than 6,000 trademarks with the USPTO. You can learn more about Xavier here.

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