X Asserts Ownership of Twitter Trademark in Countersuit Against Startup Challenge

In a decisive response to a recent trademark petition, X has updated its Terms of Service and initiated legal action to reaffirm its control over the “Twitter” brand, highlighting ongoing tensions in social media intellectual property rights as of December 2025.

The Trademark Dispute Unfolds

The conflict centers on the “Twitter” name, which X—formerly known as Twitter—rebranded to in 2023 under Elon Musk’s ownership. A Virginia-based startup, Operation Bluebird, filed a petition with the U.S. Patent and Trademark Office on December 2, 2025, arguing that X had abandoned the trademark by shifting to the “X” identity. This claim draws on a public statement from Musk dated July 23, 2023, where he indicated the platform would “bid adieu to the twitter brand,” suggesting non-use and potential forfeiture of rights.

Operation Bluebird’s initiative includes a website, Twitter.new, aimed at gathering user interest for a potential new social network. The effort is led by two legal professionals: Michael Peroff, based in Illinois, and Stephen Coates, a former trademark lawyer at the original Twitter. While the startup positions this as groundwork for a rival service, analysts note that the primary motivation may be acquiring the trademark’s standalone commercial value, given the leaders’ expertise in intellectual property rather than platform development.

X’s Legal Countermeasures

X has responded aggressively to protect its assets. The company filed a countersuit in federal court, explicitly stating its continued exclusive ownership of the “Twitter” and “Tweet” trademarks, as well as the associated bluebird logo. This filing, dated December 16, 2025, underscores X’s position that the rebranding did not constitute abandonment, as the core service and user base remain intact. Key elements of X’s defense include:

• Assertions of uninterrupted use of the trademarks in legal and operational contexts.
• Evidence of ongoing brand recognition, with “Twitter” still referenced in user communications and historical data.
• Rejection of the startup’s petition as an opportunistic bid to exploit the rebranding transition.

Implications for Terms of Service and Platform Governance

Effective January 15, 2026, X’s revised Terms of Service now explicitly prohibit unauthorized use of both “X” and “Twitter” names, logos, domain names, and other proprietary features without written consent. This marks a shift from prior versions, which referenced only “X,” signaling a proactive effort to legally entrench the dual-brand claim.

“Nothing in the Terms gives you a right to use the X name or Twitter name or any of the X or Twitter trademarks, logos, domain names, other distinctive brand features, and other proprietary rights, and you may not do so without our express written consent.”

The updates also incorporate minor adjustments, such as references to European Union data protection laws and policies on generated content, alongside enhancements to the Privacy Policy mentioning age assurance technologies. These changes reflect broader regulatory pressures on social platforms, particularly around user privacy and content moderation. From a market perspective, this dispute arrives amid a fragmented social media landscape, where rebranding efforts like X’s have not fully erased legacy associations—evidenced by persistent user references to “Twitter” in daily discourse. Trademark battles could influence investor confidence in platform valuations, as intellectual property stability underpins long-term monetization strategies. Historical precedents, such as disputes over “Instagram” derivatives, suggest that such cases often favor incumbents with established usage, though uncertainties persist if abandonment is proven. How do you see this trademark dispute shaping the future of social media branding and competition?