The recent rebranding of Twitter to “X” by billionaire Elon Musk may trigger legal complications. Major tech companies such as Meta and Microsoft already hold intellectual property rights associated with the letter X.
The prevalence of the letter X in trademarks makes it a potential target for legal disputes, suggesting that the entity formerly known as Twitter could encounter challenges in defending its new brand identity moving forward.
Trademark attorney Josh Gerben has expressed certainty that the platform will face legal action over the rebranding, citing nearly 900 active U.S. trademark registrations relating to the letter X across various sectors.
On Monday, Musk announced the transformation of the popular social media network, unveiling a new logo featuring a stylized black-and-white letter X.
Trademark ownership allows companies to protect their brand names, logos, and slogans, giving them the right to claim infringement if the use of similar branding could lead to consumer confusion. Legal remedies can range from financial compensation to prohibiting the use of the trademark.
For nearly two decades, Microsoft has held an X trademark linked to communications concerning its Xbox gaming system. In addition, Meta Platforms, which has launched a competing platform called Threads, secured a federal trademark in 2019 for a blue-and-white letter X relevant to software and social media.
Gerben noted that Meta and Microsoft would likely refrain from litigation unless they believe that the new branding by Twitter threatens the brand equity they have developed around the letter X.
Requests for comments from Meta, Microsoft, and other involved parties have gone unanswered.
Meta encountered its own intellectual property hurdles when it rebranded from Facebook. The company is currently dealing with trademark lawsuits initiated last year by investment firm Metacapital and virtual-reality company MetaX, along with having settled a dispute regarding its new infinity-symbol logo.
Should Musk’s rebranding efforts succeed, it remains possible that other entities may also assert claims to the letter X for their own purposes.
“Given the widespread commercial use of ‘X’ and the challenges in securing protection for a single letter, Twitter’s protective scope is likely to be limited to designs that closely resemble their X logo,” suggested Douglas Masters, a trademark attorney at Loeb & Loeb.
“The logo lacks distinctiveness, resulting in narrow protection options.”
Reports earlier indicated that Meta possesses an X trademark, and attorney Ed Timberlake has also stated that Microsoft holds a similar mark.
© Thomson Reuters 2023
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