This week’s BL Business Branding Newsletter looks at the unusual trademark dispute between X Corp. and Operation Bluebird, a startup trying to bring the Twitter name back to social media. After Elon Musk acquired Twitter in 2022 and rebranded the platform as X, the familiar Twitter name, blue bird logo, and “Tweet” terminology largely disappeared. But for some, the Twitter brand was not ready to retire just yet.
In December 2025, Virginia-based Operation Bluebird Inc. asked the U.S. Patent and Trademark Office (USPTO) to cancel X Corp.’s federal Twitter trademarks, arguing that X had abandoned them after the rebrand. Bluebird also filed its own applications for the Twitter and Tweet marks and announced plans for a new social media platform. Its website, initially called twitter.new, used Twitter’s familiar sky-blue color and bird imagery and invited users to reserve their usernames.
X Corp. responded by suing Bluebird in the U.S. District Court for the District of Delaware, arguing that the Twitter brand was still legally protected and that Bluebird’s use of the name would confuse consumers. At the heart of the dispute is trademark abandonment, to see whether X’s decision to move away from the Twitter brand means it has also given up its trademark rights.
A September 3rd ruling in a lawsuit filed opposing Bluebird’s branding determined that X still retains ownership of the “Twitter” mark, pointing in part to X’s Apple App Store listing, which still expressly describes the platform as “X (formerly known as Twitter).” The court therefore blocked Bluebird from using the Twitter name and related marks while the case continues.
The ruling was not a complete win for X. The Judge found that Bluebird was likely to prove X had abandoned the Tweet trademark and the Twitter bird logo. The court pointed to X’s removal of those marks from its website and platform, as well as Musk’s 2023 statements that the company would part ways with the Twitter brand and eventually all the birds. Bluebird quickly changed their social site’s name and domain to Tweet.App following the ruling. As this decision shows, businesses abandoning aspects of their trademarks can face difficult consequences.
What Can Businesses Learn From This?
The X Corp. and Operation Bluebird dispute is a reminder that a rebrand does not necessarily mean a company has abandoned the legal rights associated with its former identity. Businesses may move on from a name or logo publicly while still maintaining valuable trademark rights, but those rights can depend on continued use and an intent to maintain the mark. If the business abandons their trademark in any way, that can carry serious consequences.
The case also shows how branding decisions, public statements, and even small remnants of an old brand can become important in a trademark dispute. For businesses considering a rebrand, carefully evaluating which trademarks to maintain, discontinue, or continue using can help protect valuable brand assets after the rebrand. When doing so, they must take care to avoid abandonment and can take relatively simple steps to avoid adverse consequences.
Have questions about how to protect and elevate your company’s brand? Contact our BL Trademark Team by reaching out to Seth Berenzweig at sberenzweig@berenzweiglaw.com today.