Operation Bluebird Aims to Revive Twitter’s ‘Abandoned’ Trademarks
▼ Summary
– A startup named Operation Bluebird has petitioned the US Patent Office to cancel X Corp.’s ownership of the “Twitter” and “Tweet” trademarks, claiming they have been abandoned.
– The startup, led by trademark attorneys, has also filed to trademark “Twitter” for a new social media platform that would use AI for moderation and fact-checking.
– Its legal argument is based on US trademark law, which can cancel a registration if the mark hasn’t been used for three years or the owner has discontinued use with no intent to resume.
– Legal experts are divided, with one noting a “solid argument” for abandonment but also the concept of “residual goodwill,” where public association with the old brand may persist.
– The process will be lengthy, potentially taking years, but Operation Bluebird states it is prepared for a legal fight if X Corp. contests the petition.
A new legal initiative is challenging the ownership of some of social media’s most recognizable brand names. Operation Bluebird, a startup, has petitioned the U.S. Patent and Trademark Office to cancel X Corp.’s registrations for the “Twitter” and “Tweet” trademarks. The group argues that Elon Musk’s company has legally abandoned these brands since rebranding the platform to “X.” Led by trademark attorneys, including a former Twitter brand protection executive, the startup has simultaneously filed its own application for the “Twitter” name, intending to use it for a new social media platform.
The petition contends that X Corp. has shown no intention to resume using the classic Twitter branding, effectively forfeiting its legal rights. It further accuses the company of submitting misleading statements to the trademark office. Under U.S. law, a trademark can be canceled for abandonment if its owner stops using it for three consecutive years or demonstrates a clear intent to discontinue use permanently. The filing highlights Musk’s own public statements about retiring the Twitter brand as supporting evidence for their claim.
Legal experts see merit in the argument but also point to significant hurdles. A key concept in trademark law is “residual goodwill,” where public association with a brand can persist long after a company stops actively using it. Many people still call the platform “Twitter” and refer to posts as “tweets,” a fact that could bolster X Corp.’s defense. A similar situation occurred with the “Aunt Jemima” brand, where a registration attempt was blocked due to lingering public recognition, even after the original owner announced its retirement.
Some intellectual property attorneys express skepticism about the petition’s ultimate success. They question whether X Corp.’s shift to “X” definitively proves an intent to surrender all commercial rights to the word “Twitter,” especially given the ongoing common usage. If X Corp. decides to contest the petition, the process will be protracted, potentially spanning several years through trials and administrative rulings before a final decision is reached.
Despite the prospect of a long legal fight, Operation Bluebird remains confident. The founders state their platform would resemble the older Twitter interface but incorporate new tools focused on user safety and content control, including AI-assisted moderation. They are prepared to escalate their case beyond the trademark office and into the courts if necessary, standing by the strength of their position that the iconic names are now free for a new venture to adopt.
(Source: The Verge)
