Operation Bluebird Takes Aim at Twitter’s Abandoned Trademarks
In a bold move, a startup called Operation Bluebird is seeking to reclaim Twitter’s branding for a new social network. Led by founder Michael Peroff, an Illinois trademark and brand protection attorney, and Stephen Coates, a trademark attorney who previously worked at Twitter, the startup has filed a petition with the US Patent and Trademark Office (USPTO) to cancel X Corp.’s ownership of the “Twitter” and “Tweet” trademarks.
Details
According to the petition, Operation Bluebird alleges that X Corp. has “legally abandoned its rights” to Twitter’s brand, with no intention to resume use. The startup claims that X Corp. continues to commit fraud on the USPTO through the filing of false statements and declarations. To support their claim, Operation Bluebird points to a post from Elon Musk, who said “soon we shall bid adieu to the Twitter brand and, gradually, all the birds” just before the site’s rebrand.
Background
After acquiring Twitter in 2022, Musk changed the site’s name to “X” and replaced the bird logo in July 2023. Musk also began redirecting Twitter.com traffic to X.com last year. Operation Bluebird’s petition cites this as evidence that X Corp. has abandoned its rights to the Twitter marks.
Expert Analysis
Alexandra Roberts, a professor of law and media at Northeastern University School of Law, tells The Verge that Operation Bluebird has a “solid argument” that X has abandoned the rights to the Twitter marks. However, she also notes that residual goodwill, or when a trademark “may live on even when the original owner ceases use,” could be a factor in the case. This means that people may still associate X Corp. with the Twitter logo and brand, even if the company has abandoned its use.
Next Steps
X Corp. has until February to respond to the petition. If the company chooses to fight it, the process of determining whether or not to cancel X’s ownership of the “Twitter” marks will take a while. “It could take two, three years just to get through the trial process and another couple of years for the trademark office to make a ruling,” says intellectual property attorney Douglas Masters.
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