Summary
- Ex Populus, the developer of the Xai blockchain for gaming, is taking legal action against Elon Musk’s xAI for trademark infringement, seeking a court order to prevent the use of the “xAI” name in the gaming and blockchain sectors.
- The firm claims that Musk’s entry into gaming has led to confusion among media, users, and even X’s AI chatbot Grok, which wrongly connected the two companies.
- According to Ex Populus, Musk’s controversies, notably Grok’s prior inappropriate statements, have significantly harmed their brand.
The developers of Xai, an Ethereum-based layer-3 gaming blockchain, have initiated legal proceedings against Elon Musk’s xAI for trademark violation—requesting a federal court to compel the billionaire to modify its name and branding in relation to video games and blockchain.
In November, Musk unveiled intentions to establish an AI gaming studio within xAI, aiming to “make games great again.” Ex Populus contends that Musk’s announcement led to “significant actual confusion” online between their recognized game brand, Xai, and Musk’s xAI gaming initiative.
Numerous news outlets and commentators erroneously featured the blockchain’s logo when discussing Musk’s enterprise, their legal representatives assert, and many internet users conflated the distinct ventures. Additionally, Grok—Musk’s AI chatbot—also erroneously linked both entities, informing users that they were under Musk’s control, according to the attorneys.
In a complaint filed on Thursday, Ex Populus requested a federal court in northern California to mandate Musk’s AI firm to stop using any terminology or symbols that could confuse with Xai’s registered trademark in video gaming and blockchain contexts.
They also sought punitive damages and any profits gained by Musk’s companies from the claimed infringement.
Ex Populus’ lawyers emphasized in their filing that Musk’s firm has repeatedly infringed their copyright since the previous year—and that the notoriety and controversy surrounding the world’s wealthiest individual have exacerbated the negative impact on their brand.
Ex Populus took legal action today to protect the Xai brand. With increased confusion around Elon Musk’s AI company (@xai), it’s a big responsibility to safeguard the brand that the community trusts. You can read more details at https://t.co/ce8Aw9hNCZ
— XAI 🎮⛓️ (@XAI_GAMES) August 22, 2025
“Musk and the defendants’ xAI company often attract negative media coverage that is now being associated with the plaintiff’s XAI trademark,” the attorneys stated.
The lawyers highlighted a recent incident when Musk’s AI bot, Grok, briefly referred to itself as “MechaHitler” and made antisemitic, racist, and sexually violent remarks across the X platform.
“The plaintiff’s loss of control over its brand reputation is irreparable damage supporting an injunction to halt the defendants’ use of infringing xAI marks,” Ex Populus’ lawyers declared, “and being linked to Nazism, hate speech, and violence significantly intensifies the harm.”
Ex Populus stated in a release that Musk’s legal team approached them recently regarding trademark concerns, and now, the company feels compelled to take action “or risk losing [the trademark] entirely.”
“This case isn’t solely about Ex Populus or Xai,” the organization said. “It underscores a larger issue: the right of smaller innovators to develop without being overshadowed by tech giants.”
Musk’s xAI has yet to respond to Decrypt’s request for commentary regarding this matter.
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