Josh Gerben Analyzes Lawsuit between iyO and OpenAI for Fortune

OpenAI partner, iyO, filed a trademark infringement lawsuit against the artificial intelligence company over its use of “io.” Since the filing, the startup was granted a temporary restraining order, which prevents OpenAi from using the term.

Trademark attorney Josh Gerben discussed the temporary restraining order, as well as the efficacy of the lawsuit with Fortune. 

He explains that temporary restraining orders, like the one granted to iyO are not easy to obtain and are typically only used in extreme circumstances where harm is likely. It may be easier for OpenAI to rebrand, than to fight the lawsuit in court said Gerben.

“Legally, IYO’s case appears to be strong, especially given the phonetic similarity between ‘IYO’ and ‘IP’ and the reported instances of actual confusion,” he told Fortune. “If the case were to go to trial and IYO could provide that its fundraising efforts went completely dry, along with other evidence showing that consumers were being confused by OpenAI’s use of ‘IO,’ it would likely win the case.”

Source: Quiroz-Gutierrez, Marco. https://www.fortune.com. “Sam Altman fires back at ‘silly’ lawsuit from what he claims is a desperate CEO that has been persistent in seeking investment from OpenAI”. 27 June 2025.