Operation Bluebird wants to reclaim Twitter’s “abandoned” trademarks for a new social network

A startup called Operation Bluebird is reportedly trying to reclaim Twitter’s trademark earlier before Ars Technica and Reuters. Last week, Operation Bluebird File a petition The US Patent and Trademark Office (USPTO) is being asked to revoke X Corp’s ownership of the “Twitter” and “Tweet” trademarks, claiming that the Elon Musk-owned company has “abandoned” them.

Bluebird’s operation is led by founder Michael Beroff, a trademark and trademark protection attorney in Illinois, along with Stephen Coates, a trademark attorney who served as associate director of trademarks, domain names, and marketing at Twitter from 2014 to 2016. The startup has also filed an application Brand application To Twitter, with the aim of including it on a new social networking site It’s called Twitter.new.

“We’ve built a social platform that will feel familiar to those who used old Twitter, but with new tools that provide a safer experience and enable the user to decide what types of content they engage with,” says Coates. Edge. Post on Operation Bluebird’s LinkedIn page It is suggested that the startup will use artificial intelligence for fact-checking and moderation.

Operation Bluebird alleges in its petition that It also alleges that X “continues to commit fraud against the USPTO by making false statements and declarations.” like pointed out before Review of national law, US trademark law provides that a person seeking to cancel a trademark registration due to abandonment must prove that the owner has not used the mark for three consecutive years, or prove that the owner has ceased to use it and no longer intends to resume it.

After acquiring Twitter in 2022, Musk changed the site’s name to “X” and… The bird logo was replaced in July 2023. Musk He also started redirecting Twitter.com traffic to X.com last year. Operation Bluebird petition He cites a post from Muskwho said “soon we will say goodbye to the Twitter brand and, gradually, to all the birds” just before rebranding the site.

says Alexandra Roberts, professor of law and media at Northeastern University School of Law Edge Operation Bluebird has a “strong case” that X has relinquished the rights to the Twitter marks. But Roberts also points to what’s called residual goodwill, or when “a trademark may persist even when the original owner no longer uses it.” This means that people can still link X Corp. With the Twitter logo and branding.

“Many users continue to refer to X as ‘Twitter’ and posts on She points to a 2020 case where one party tried to register “Aunt Jemima” breakfast foods, but… It was rejected “Based on possible confusion” with Quaker Oates’ aunt Jemima Marks, although the company announced earlier that year that it was. Stop with the name and logo.

Intellectual property lawyer Douglas Masters says he doubts Operation Bluebird’s claims will succeed. “I don’t know that the record will ultimately show that even though they (X Corp.) are converting to X, they intend to give up all of their commercial uses and rights to the word Twitter,” Masters says. Edge.

X has until February to respond to the petition. If the company chooses to fight it, the process of deciding whether or not to revoke X’s ownership of the Twitter marks will take some time. “It may only take two or three years to get through the trial process, and another two years for the trademark office to issue a ruling,” Masters says.

However, the prospect of a long legal battle does not seem to be stopping Operation Bluebird. “We think our position is very strong,” says Coates. “X Corp can escalate this matter beyond the trademark office and into court, but we are prepared to fight.”