DeepSeek, a Chinese AI company already dealing with cyberattacks and privacy concerns, now faces another challenge: a potential trademark clash in the U.S.

The company recently filed a trademark application with the U.S. Patent and Trademark Office (USPTO) for its AI chatbot tools and products. Unfortunately, they were beaten to the punch. Just 36 hours earlier, a Delaware-based firm called Delson Group Inc. filed for the same “DeepSeek” trademark.

Delson Group claims it has been selling AI products under the DeepSeek name since 2020. Its CEO, Willie Lu, states on his LinkedIn profile that he’s a consulting professor at Stanford and has decades of experience in wireless and AI technology. Lu even offers a $800 “DeepSeek” AI training course in Las Vegas, which is advertised on Delson Group’s website.

When TechCrunch contacted Lu for comment, he suggested a meeting in California but didn’t respond to further inquiries.

Josh Gerben, an IP attorney with Gerben IP, called Delson Group a “trademark squatter,” noting their history of trademark disputes with companies like Tencent and TracFone. Trademark squatters typically register names to sell them later or capitalize on a brand’s success.

Under U.S. law, the first user of a trademark usually owns it. Since Delson Group filed first and claims earlier use, DeepSeek may have a tough fight ahead. Gerben explained that DeepSeek could seek a coexistence agreement if they can prove they operate in a different AI niche. However, Delson Group might also argue “reverse confusion” due to DeepSeek’s rapid rise and potentially block their use of the name in the U.S.

This isn’t the first time an AI company has faced trademark issues. OpenAI failed to trademark “GPT” last year, and they’re currently battling for the rights to “Open AI” against another claimant.

DeepSeek’s trademark troubles highlight the complexities of branding in the fast-growing AI industry. Will they resolve this dispute, or will they need to rebrand in the U.S.? Only time will tell.