DOE v. Github: Defendants Will Continue to Mislead Consumers on the Source of Copilot

VIII. CLAIMS FOR RELIEF

COUNT V

FALSE DESIGNATION OF ORIGIN—REVERSE PASSING OFF

15 U.S.C. § 1125

(GitHub and OpenAI)

196. Plaintiffs and the Class hereby repeat and incorporate by reference each preceding and succeeding paragraph as though fully set forth herein.

197. GitHub and OpenAI have used or made, and will continue to use or make, in commerce throughout the United States, including in California, one or more words, terms, names, symbols, or devices, or any combination thereof, or any false and/or misleading designation of origin, false and/or misleading description of fact, or false and/or misleading representation of fact that is likely to cause consumer confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of Plaintiffs’ and the Class’s Licensed Materials and Copilot, or as to the origin, sponsorship, or approval of Plaintiffs’ and the Class’s Licensed Materials and Copilot.

198. As a result, GitHub and OpenAI have intentionally violated 15 U.S.C. § 1125(a)(1)(A).

199. As an actual and proximate result of GitHub’s and OpenAI’s acts, Plaintiffs and the Class have suffered and continue to suffer harm.