This social media start-up wants to relaunch Twitter
What's the story
A new social media start-up, Operation Bluebird, has filed a petition with the US Patent and Trademark Office (USPTO) seeking to reclaim Twitter's branding. The Virginia-based company wants to cancel X Corp.'s ownership of the "Twitter" and "Tweet" trademarks, claiming they have been "abandoned." Founded by Michael Peroff, an attorney specializing in trademark and brand protection in Illinois, Operation Bluebird also includes Stephen Coates. Coates is a former Twitter associate director of trademarks, domain names, and marketing from 2014-2016.
Future prospects
Plans for a new social media platform
Operation Bluebird has also filed a trademark application for "Twitter," intending to use it on a new social media site called Twitter.new. Coates told The Verge that they have created a social platform reminiscent of legacy Twitter but with new tools for user safety and content engagement. Their LinkedIn post hinted at using artificial intelligence (AI) for fact-checking and moderation on this upcoming platform.
Legal arguments
Operation Bluebird's petition cites Musk's statements
In its petition, Operation Bluebird accuses X of having "legally abandoned its rights" to Twitter's brand without any intention to resume use. The start-up also claims that X has been "committing fraud on the USPTO through the filing of false statements and declarations." Notably, after acquiring Twitter in 2022, Elon Musk changed the site's name to X and replaced its bird logo in July 2023.
Trademark law
Operation Bluebird's case hinges on trademark abandonment
Operation Bluebird's case rests on the argument that X Corp. has abandoned the "Twitter" marks by not using them for three consecutive years or discontinuing their use without any intention to resume. However, Alexandra Roberts, a law and media professor at Northeastern University School of Law, pointed out residual goodwill in trademarks. This is when a trademark "may live on even when the original owner ceases use."
Response timeline
X Corp's response and potential legal battle
X Corp. has until February to respond to the petition. If challenged, it could take years for a decision on whether or not to cancel X's ownership of the "Twitter" marks. Despite the prospect of a protracted legal battle, Operation Bluebird remains undeterred. "We believe our position is very strong," Coates said, adding that they are prepared for any escalation from X Corp. away from the trademark office and into court.