What was filed
PolyAI Ltd v. Cloud Whale Interactive Technology LLC, No. 3:26-cv-02967 (M.D. Fla., Jacksonville Division), was filed October 28, 2026. The docket assigns the case to Judge Wendy W. Berger and Magistrate Judge Laura Lothman Lambert. PolyAI says it is a United Kingdom limited company with its principal place of business in London. It alleges, on information and belief, that Cloud Whale is a Delaware limited liability company. (Compl. caption; paras. 8 to 13.)
The marks
The complaint alleges PolyAI owns U.S. Trademark Registration No. 6,644,010 for POLYAI for Class 42 software as a service and platform as a service offerings for interactive voice response systems and speech-enabled virtual agents, filed March 17, 2021 and issued February 15, 2022, plus other registrations including No. 7,506,303 for POLYAI and No. 7,436,551 for POLYAI - ZERO TOUCH RESOLUTION. USPTO Trademark Status and Document Retrieval records list all three registrations as live, owner PolyAI Ltd. (Compl. paras. 20 to 25.)
What the complaint alleges
PolyAI alleges Cloud Whale offered a conversational AI app under POLY.AI, owned and still owns the polyai.ai domain, and filed applications to register POLY.AI and POLYS.AI, two of which it expressly abandoned in January 2024. It alleges PolyAI sued Cloud Whale in M.D. Fla. No. 3:24-cv-00693, that the parties settled on or around November 22, 2024, with Cloud Whale agreeing to stop using Poly.AI and the polyai.ai URL, and that PolyAI dismissed that case without prejudice on or around November 26, 2024. It alleges Cloud Whale then materially breached the settlement four times, in or around March 2025, September 2025, April 2026, and August 2026, through continued polyai.ai use, Poly.AI webpages, sponsored ads on Meta platforms, Poly.AI meta keywords and search-optimized pages, including on its polybuzz.ai home page, and Poly.AI branding in app content, despite PolyAI's notices and Cloud Whale's acknowledgments. (Compl. paras. 33 to 108.)
The counts and relief
Count I alleges trademark infringement under 15 U.S.C. 1114. Count II alleges false designation of origin and unfair competition under 15 U.S.C. 1125(a). Counts III and IV allege Florida common law trademark infringement and unfair competition. Count V alleges a Florida Deceptive and Unfair Trade Practices Act violation. Count VI alleges breach of contract. Count VII alleges breach of the covenant of good faith and fair dealing. The prayer seeks injunctive relief, compliance with the settlement subject to an audit, destruction of infringing materials, transfer of polyai.ai, trebled damages and profits under 15 U.S.C. 1117, fees, and interest, and the complaint demands a jury. (Compl. Counts I to VII; Prayer; Jury Demand.)