Ex Populus sues Elon Musk’s xAI over trade mark infringement

Ex Populus, the creator of the Ethereum-linked Xai network for blockchain gaming, has filed a lawsuit against Elon Musk’s artificial intelligence company, xAI.

The complaint, submitted in a California federal court, alleges trade mark infringement and unfair competition.

The gaming company publicised the move on its website, presenting seven pieces of supporting evidence.

Ex Populus is asking the court to prohibit xAI from using the “xAI” or “Xai” branding within the video game and blockchain sectors, and is seeking financial damages and the cancellation of specific trade mark applications.

Ex Populus says it has used the XAI mark in US commerce since at least mid-2023.

It argues that confusion intensified after Musk announced the “xAI” company on July 12th, 2023, and then said in November 2024 that xAI would start an AI game studio to “make games great again.”

According to the complaint, that announcement reached over 36 million people and led to mix-ups in the press and online communities. Several news outlets inadvertently used Ex Populus’s Xai logo in stories about Musk’s gaming initiative.

The lawsuit also points to xAI’s chatbot Grok, which mistakenly linked Ex Populus’s account to Musk’s gaming effort.

It highlights that the U.S. Patent and Trademark Office has already suspended multiple xAI trade mark applications due to potential conflicts with the existing Xai mark. 

Ex Populus also challenges the validity of xAI’s attempt to secure earlier rights by acquiring an abandoned “X.AI” trade mark registration, arguing the acquisition is invalid.

The Delaware company is asking the court to stop Musk’s company from using the “xAI/Xai” brand in gaming and blockchain, to cancel certain trade marks, and to award damages. 

Publicly, Ex Populus says the case is about protecting its brand and community in the gaming ecosystem, especially as its blockchain platform overlaps with xAI’s stated ambitions in games.