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Federal judge issues split ruling in trademark clash between X and rival startup

A court barred Operation Bluebird from using the Twitter brand name while allowing its use of "tweet" and the bird logo for now.

The short version

  • U.S. District Court Judge Colm F. Connolly issued a preliminary injunction barring startup Operation Bluebird from using the name Twitter.now.
  • The judge denied X's motion regarding the word "tweet" and the bird logo, ruling X likely abandoned those marks without intent to resume use.
  • Operation Bluebird rebranded to Tweet.app and opened public access, charging $20 per user to reserve handles.
  • The litigation will proceed in Delaware federal court to determine final legal ownership of the contested marks.

Key facts

  • Judge Colm F. Connolly of the U.S. District Court in Delaware granted X Corp. a preliminary injunction blocking Operation Bluebird from using eight Twitter-related trademarks, including the core Twitter brand.[TechCrunch · Ars Technica]
  • The court found that X had likely not abandoned the Twitter name, citing in part its continued use of the phrase "formerly known as Twitter" in its Apple App Store description.[Ars Technica]
  • The court denied X's injunction regarding the "tweet" mark and the bird logo, concluding the startup is likely to prove X discontinued bona fide use with no intent to resume.[TechCrunch]
  • Following the ruling, Operation Bluebird switched its branding from Twitter.now to Tweet.app and launched public access.[TechCrunch]
  • Operation Bluebird was founded by Michael Peroff and Stephen Coates, the latter a former trademark attorney for Twitter.[TechCrunch]

What remains uncertain

  • The final legal ownership of the "tweet" mark, bird logo, and Twitter name remains undecided as the preliminary injunction is not a final ruling.[TechCrunch]

Sources

Outlet counts describe coverage, not independent confirmation. Reports may share a wire service or original source.