A Delaware court recently addressed trademark disputes between X Corp. and Project Bluebird, a social media service aiming to revive elements of the original Twitter platform. Project Bluebird argued that X Corp., after rebranding Twitter as X, had abandoned the TWITTER, TWEET, and Bird Logo trademarks. In response, X Corp. maintained that it continues to use the TWITTER mark, particularly through references in its Apple App Store listing, which describes the X app as "formerly known as Twitter."
The court found that X's use of "formerly known as Twitter" constitutes bona fide trademark use of the TWITTER mark. This ongoing reference helps X preserve the residual goodwill associated with Twitter, even as the company shifts its branding focus to X. The court noted that such "formerly known as" mentions are recognized in trademark law as valid use, distinguishing X's platform from competitors.
Conversely, the court determined that the TWEET trademark and Bird Logo are likely abandoned. Evidence showed these marks no longer appear in X's official app listings or on its website, and X conceded their absence during hearings. Additionally, some of X's supporting evidence was outdated or insufficient, reinforcing the conclusion that these marks are no longer actively used or intended for future use.
While the ruling was on a preliminary injunction and not a final decision, it signals that the TWEET term and Bird Logo may soon enter the public domain, potentially allowing others to use these cultural symbols freely. The TWITTER trademark, however, remains under X's control for the time being, though its future status may be subject to further legal scrutiny.
This case highlights the complexities of trademark abandonment and rebranding in the technology sector, especially when iconic marks are involved. It underscores the importance of active and clear use in maintaining trademark rights and the potential for legacy marks to become available for public use when a company shifts its brand identity.