Ethereum-based gaming network Ex Populus has filed a lawsuit against Elon Musk's company, alleging trademark infringement and unfair competition.
Ex Populus' Allegations
The complaint submitted in the Northern District of California accuses Musk's firm of trademark infringement and unfair competition. Ex Populus claims that its brand, in use since June 2023 through its blockchain-powered gameplay ecosystem, has suffered due to confusion caused by Musk's company.
Conflict Escalation Due to Musk's Plans
The feud escalated when Musk introduced his firm in July 2023. The situation deteriorated further in November 2024 when Elon announced xAI gaming studio plans. This reportedly led to market confusion, including erroneous references to projects from Ex Populus by Musk's chatbot, Grok. Ex Populus noted that it not only lost goodwill control but also faced negative consumer perception due to Musk's questionable reputation.
Legal Claims and Brand Protection
The suit further alleges that Elon's legal team recently attempted to pressure them into giving up their brand rights by threatening cancellation of their registration. Additionally, the US Patent and Trademark Office (USPTO) has already suspended several of Elon's xAI gaming trademark applications due to potential confusion with Ex Populus's brand. The company argues that continued association with Elon is harming its reputation and misleading the community it serves.
This official battle between Ex Populus and xAI underscores the need for good branding in fast-changing domains such as blockchain and AI. While Ex Populus wishes to defend its focused environment, the entry into the gameplay space by Elon Musk has caused unintentional overlaps. The court decision may serve as an important guide on how technology and blockchain companies handle trademark conflicts in the future.
