Key facts
- X, formerly Twitter, obtained a court order preventing Operation Bluebird from using the "Twitter" name for a new app.
- The court determined X is likely to succeed on trademark infringement claims concerning the "Twitter" name.
- X's App Store listing, which states "Welcome to X (formerly known as Twitter)," was a key factor in the ruling.
- The court found that X had likely abandoned its trademarks for "tweet" and the bird logo.
- Operation Bluebird has rebranded its app to "Tweet.App" following the court's decision.
X, the company formerly known as Twitter, has successfully obtained a court order blocking Operation Bluebird from using the "Twitter" name for its new application. Chief Judge Colm Connolly ruled that X was likely to succeed on its trademark infringement and dilution claims, citing the current listing for the X app in the Apple App Store which states, "Welcome to X (formerly known as Twitter)."
X's legal director, Naser Baseer, testified that this clause was deliberately added to ensure users searching for the Twitter app would find X's application. The court also considered survey evidence indicating that "Twitter" remains a famous brand and that X continues to leverage its goodwill by associating X with Twitter in the App Store.
However, X was unsuccessful in its attempts to block the use of the term "tweet" and the bird logo. The judge found compelling evidence that X Corp. intends to abandon these marks, pointing to public statements by Elon Musk and the company's failure to demonstrate bona fide use of these trademarks since the rebranding. The court concluded that old webpages and deactivated social media accounts were remnants of prior use, not evidence of current, legitimate use.
Operation Bluebird celebrated the ruling and announced that its app has been renamed "Tweet.App." The company had previously launched a domain, twitter.new, which now redirects to tweet.app. Despite some initial redirect issues, the core functionality for users who had requested handles remains unchanged.