Virginia Startup Challenges X Corp Over Twitter Trademark Amid Brand Shift
Operation Bluebird, a Virginia-based startup led by Stephen Jadie Coates, a former Twitter trademark associate director, has filed a petition with the USPTO to cancel X Corp’s Twitter trademarks. The startup aims to use the Twitter name for a rival platform hosted at twitter.new.
The petition contends that Elon Musk and X Corp abandoned the Twitter trademark by ceasing its commercial use. Under U.S. law (15 U.S.C. §1127), nonuse of a trademark for three consecutive years constitutes abandonment. X completed its transition from the Twitter brand to X by May 17, 2024, including migrating fully from twitter.com to x.com.
Despite the brand shift, X renewed the Twitter trademark in 2023 while simultaneously phasing out the mark. The petition argues that this renewal occurred during the phase-out and raises questions about trademark abandonment.
If the cancellation petition is successful, X could still face trademark infringement claims due to residual goodwill linking the term Twitter to X in the public's perception. The case tests whether a renamed brand can abandon a trademark but later reassert rights, with outcomes depending on Musk’s decisions and the legal interpretation of abandonment and residual goodwill.
X has until early February to respond to the cancellation petition. A legal battle could incur millions in fees, while failing to respond may allow Bluebird to claim use of the Twitter name. Meanwhile, Bluebird’s twitter.new website invites users to reserve usernames and promotes a mission to rebuild the public square with trust, signaling an intent to revive the Twitter brand under new ownership.
