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

A startup called Operation Bluebird is trying to restore the Twitter brand, as previously reported Ars Technica and Reuters. Last week, Operation Bluebird filed a petition asking the US Patent and Trademark Office (USPTO) to revoke X Corp’s ownership of the “Twitter” and “Tweet” trademarks, claiming that the Elon Musk-owned company had “abandoned” them.

Bluebird’s operation is being 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 a trademark application for “Twitter,” with the goal of being included on a new social networking site 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. A post on Operation Bluebird’s LinkedIn page indicates 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.” As he pointed out Review of national lawUS trademark law states that a person seeking to cancel the registration of a trademark due to abandonment must prove that its owner has not used the mark for three consecutive years, or prove that the owner has stopped using it and no longer intends to resume it.

After acquiring Twitter in 2022, Musk changed the site’s name to “X” and replaced the bird logo in July 2023. Musk also began redirecting Twitter.com traffic to X.com last year. The Operation Bluebird petition cites a post from Musk, who said “soon we will bid farewell to the Twitter brand and, gradually, all 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 It points to a 2020 case in which a party attempted to register “Aunt Jemima” for breakfast foods, but was rejected “based on potential confusion” with Quaker Oats’ Aunt Jemima marks, even though the company announced earlier that year that it would discontinue 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 though [X Corp.] “They have switched to X, and they intend to give up all 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.”