New Bird on the Block: Operation Bluebird and X Corp.’s Fight over Twitter Trademarks
Operation Bluebird, Inc. (“Bluebird”) and X Corp. are locked in a dispute over the future of the Twitter brand, stemming from the platform’s rebrand from “Twitter” to “X” in 2023. The TMCA covered the rebrand.
In December 2025, Bluebird filed a petition with the Trademark Trial and Appeal Board (the “Board”), seeking to cancel X Corp.’s TWITTER and TWEET-formative registrations. Around the same time, Bluebird launched the website www.twitter.new, announcing its plans to operate a “trust-first social platform,” branded “Twitter.new.” The platform is slated to launch sometime this year, though prospective users can attempt to reserve their handles now. The twitter.new website includes a disclaimer at the bottom of each page, stating it is not affiliated with X Corp. or Twitter, Inc.
Roughly two weeks later, X Corp. sued Bluebird in federal court for attempting to “steal” the Twitter brand. Specifically, X Corp. raised claims trademark infringement, false designation or origin, unfair competition, deceptive trade practices, dilution, and copyright infringement, all based on TWITTER marks, TWEET marks, and the bird logo (collectively, the “Twitter Marks”). X Corp. sought a preliminary injunction, enjoining Bluebird from (allegedly) infringing X Corp.’s trademarks and copyrights.
X Corp. argues the Twitter brand is alive and well, asserting that millions of users access the X platform via X Corp.’s twitter.com domain name—which redirects users to x.com—and that more than 200,000 mobile users still use the original Twitter mobile app. X Corp. also argues that many third parties still refer to “Tweets” and to X Corp’s platform as “Twitter.” According to X Corp., Bluebird’s actions are willful infringement. X Corp. points to Bluebird’s own statement that its team includes “former Twitter trademark counsel Stephen Coates.”
In its answer, Bluebird raised many defenses, including that X Corp. abandoned the Twitter Marks and that X Corps.’s claims are barred by X Corp.’s fraud at the U.S. Patent and Trademark Office (“USPTO”). Specifically, Bluebird points to Elon Musk’s post announcing the “X” rebrand on June 2023, which stated “soon we shall we shall bid adieu to the Twitter brand and, gradually, all the birds.” The following day, X Corp. unveiled its new “X” branding and began implementing the changes. Bluebird argues that new applications and renewals filed for Twitter Marks with the USPTO after the (alleged) abandonment constitutes fraud.
The cancellation before the Board is suspended, pending a final decision in district court. X Corp.’s motion for preliminary injunction is pending before the district court as the parties exchange supplemental briefs. The TMCA will be continue to follow this case and update our readers when the district court rules on the preliminary injunction.
