Just weeks after losing a UDRP case over NanoBananaAI.com, Google has now scored a victory — this time in a .ai domain dispute involving NanoBanana.ai.
In the earlier case, a UDRP panel ruled that Google had failed to establish common law trademark rights in the term “Nano Banana”, as the AI image-generation tool had been released only days before the domain registration and without public acknowledgment that Google was behind it.
The Turnaround
However, in the .ai proceeding, a majority of the three-member panel ruled in Google’s favor, finding that the company had indeed acquired trademark rights in Nano Banana, despite the short time frame.
The panel wrote:
“In today’s digital environment, a mark may acquire source-identifying significance in an exceptionally short period, where it is exposed to a sufficiently large and relevant audience. In light of the publicly known popularity of the LM Arena platform, it is reasonable to infer that Complainant’s NANO BANANA software achieved immediate and substantial market visibility upon release.”
The decision further noted that Nano Banana is inherently distinctive for AI image-generation software — being neither descriptive nor generic — and thus capable of quickly establishing brand recognition.
A Dissenting Opinion
Panelist David E. Sorkin — who also decided the prior NanoBananaAI.com case — dissented, holding to his earlier position that Google had not yet proven sufficient consumer recognition or trademark distinctiveness.
Respondent’s Unconvincing Defense
The registrant, a recent university graduate, claimed the domain name was inspired by his puppy named “Nano” who “loved a banana-shaped toy.”
That explanation didn’t hold up. The panel noted that the respondent’s website also offered AI image-editing software, mirroring Google’s Nano Banana product — a strong indicator of bad faith registration and use.
Outcome
The majority decision orders NanoBanana.ai to be transferred to Google, marking a swift reversal from last month’s setback and reinforcing how jurisdiction and timing nuances can dramatically alter domain dispute outcomes.
✅ OMWEB Insight:
This case highlights how digital virality can accelerate trademark recognition — even within days. For tech giants like Google, instant brand visibility can help overcome traditional common-law hurdles when protecting new AI products online.