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Ex Populus, the Delaware corporation behind Ethereum’s blockchain-powered gaming network Xai, has filed a federal trademark infringement lawsuit against Elon Musk’s artificial intelligence company xAI.
The lawsuit centers on marketplace confusion between Ex Populus’s XAI trademark, registered federally since June 2023, and Musk’s xAI company, announced in July 2023.
Source: Court Filing
Ex Populus operates one of the highest transaction volume blockchain gaming networks globally, offering AI-driven gaming solutions and autonomous software systems across multiple platforms.
Musk’s November 2024 announcement that xAI would “start an AI game studio to make games great again” directly entered Ex Populus’s established gaming territory.
The post reached over 36 million viewers, which further amplified consumer confusion between the two brands operating in overlapping markets.
The complaint details widespread marketplace confusion, including xAI’s own AI assistant Grok mistakenly informing users that “XAI_GAMES refers to xAI’s gaming initiatives.”
News algorithms and social media posts have consistently conflated the two companies, causing Ex Populus to lose control over its brand reputation.
Ex Populus faces additional reputational damage from association with Musk’s polarizing public image.
The company cited incidents where xAI’s Grok chatbot was pulled offline after promoting violence and making racist comments, creating negative brand associations for their gaming ecosystem.
The U.S. Patent and Trademark Office has already suspended several of Musk’s trademark applications for “xAI” and “XAI GROK” due to the likelihood of confusion with Ex Populus’s prior rights.
Defendants attempted to acquire senior trademark status by purchasing an abandoned “X.AI” registration, but Ex Populus argues that the previous owner, Bizzabo Ltd., had already abandoned the mark in October 2021.
Regarding this Ex Populus lawsuit, Musk’s legal team attempted to pressure the company into relinquishing trademark rights through threatened cancellation proceedings.
On August 7, 2025, xAI’s counsel warned they would petition to cancel Ex Populus’s federal registration unless the gaming company consented to worldwide xAI trademark registrations.
The latest updated lawsuit seeks a permanent injunction preventing xAI from using the disputed marks, cancellation of Defendant’s existing trademark registration, and invalidation of five pending applications.
