Why We’re Taking Legal Action to Protect the Xai Brand
Ex Populus owns the Xai brand and licenses its use. Xai is a platform that lets video game developers take advantage of all the benefits of a blockchain. It is a network to which we’ve contributed that is used by potentially millions worldwide and we’ve been publicly using the “Xai” name and trademark since at least as early as June 2023
Unfortunately, widespread confusion has been occurring. This confusion is tied directly to Elon Musk’s company, xAI. After receiving communication from xAI’s legal team and witnessing the effect this overlap is having on our customers, our partners, and our reputation, we had no choice but to take legal action.
You can read the complaint we filed here.
You can also see the supporting evidence files at the links below:
Evidence 1
Evidence 2
Evidence 3
Evidence 4
Evidence 5
Evidence 6
Evidence 7
Ignoring the letter from xAI was not an option. Trademark law requires us to defend our brand or risk losing it altogether—not just for us, but for the entire community of developers and users who rely on it. This isn’t just a matter of legal formalities—it’s about protecting the integrity of our work, the clarity of the brand, and the innovation of the video gaming initiatives and communities we support.
What’s This Lawsuit About?
After we had been publicly using the “Xai” name and trademark, Elon Musk announced his own company, “xAI,” publicly entering the AI space, and later signaling plans to get involved in video gaming as well.
Since then, confusion has grown dramatically. People started mistakenly assuming we were Musk’s company, posting about “Elon’s Xai token,” and even using our logo in content that was actually about his business.
On top of that, AI-driven services (including Musk’s own chatbot, Grok) have confused our brand with his.
Why It Matters Beyond Us
This case isn’t just about Ex Populus or Xai. It speaks to something bigger: the right of smaller innovators to build without having their identity swallowed by tech giants.
If large companies can freely step into a market with the same or confusingly similar name and push out smaller players, it discourages innovation across the industry. Protecting trademarks and brand identities isn’t only a legal matter—it’s about ensuring everyone, from startups to established leaders, competes on fair terms.
We’ve invested years of effort and millions of dollars into building a trusted brand. For our team, our partners, and the video gaming community at large, we can’t allow that brand to be diluted or misrepresented.
This lawsuit is ultimately about what every creator, innovator, and company should have: the right to protect the work they’ve built.
We normally wouldn’t comment on litigation. However, due to the significant confusion surrounding this already, we felt it was important to clarify our position with this post, rather than allowing the filing of our legal complaint to add to the uncertainty. We respect the legal system and defer to the courts to resolve this based on what is fair and equitable. As this is now an active legal matter, we are not planning on commenting further. Instead we are getting back to our core business - creating next generation video games that take advantage of the latest technology and blend it to create amazing interactive entertainment. If there are updates we can share, we will publish them here. In the meantime, you can email [email protected] if you have questions.