Business & Finance
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.