On Thursday, July 16, 2026, Ex Populus, Inc. filed a second amended complaint in the US District Court for the Northern District of California against X.AI Corp., X.AI LLC, X Corp., and Space Exploration Technologies Corp. (SpaceX). The lawsuit alleges trademark infringement, unfair competition, and other related claims, centering on the use of the “XAI” and “xAI” marks.
Ex Populus claims to be the owner of the federally registered trademark “XAI,” which it has used in commerce since at least June 2023 in connection with its blockchain-powered ecosystem for online video gaming and digital transactions. The company asserts that its XAI brand has gained significant consumer recognition in the video gaming space, with its blockchain technology facilitating high throughput and low fees for real-time transactions.
The complaint details a series of actions by the defendants, primarily initiated by Elon Musk, founder of X.AI Defendants and CEO of X.AI Corp., that Ex Populus alleges have infringed upon its trademark rights. These actions include the announcement and promotion of an artificial intelligence and technology company named “xAI” starting in July 2023.
Ex Populus contends that this branding has caused widespread consumer confusion, leading many to mistakenly believe that the defendants’ ventures are associated with the plaintiff’s XAI brand. The complaint cites numerous instances of consumers, industry experts, and even AI assistants like Grok incorrectly linking the plaintiff’s XAI brand with Elon Musk’s xAI company.
Further allegations include the defendants’ attempts to secure federal trademark registrations for their “xAI” and “SPACEXAI” marks, many of which have been suspended by the U.S. Patent and Trademark Office (USPTO) due to a likelihood of confusion with Ex Populus’s XAI Trademark. The lawsuit also addresses the defendants’ acquisition and attempted use of an abandoned X.AI trademark registration, which Ex Populus argues is invalid and should be canceled.
The complaint outlines specific instances of alleged infringement by each defendant. SpaceX is accused of using the XAI mark on its website banner and in promotional materials. X Corp. is alleged to have used the “xAI” mark to promote its social media platform, premium services, and merchandise, including an online shop featuring both X-branded and xAI-branded goods. X.AI Corp. and X.AI LLC are central to the allegations of trademark infringement and unfair competition, with the complaint detailing their numerous trademark applications and marketing efforts.
Ex Populus asserts that the defendants’ actions have caused irreparable harm to its brand, including damage to its reputation and goodwill, and have resulted in significant consumer confusion. The plaintiff is seeking an injunction to prevent the defendants from further using the infringing marks, an accounting of profits derived from the alleged infringement, actual damages, and other relief.
Please contact BlockTribune for access to a copy of this filing.
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