In July 2023, Musk himself tweeted that “we will bid adieu to the twitter model, and regularly, all of the birds.”
That was when Peroff, a Chicago-area legal professional specializing in trademark and IP legislation, noticed a possibility not solely to assert the identify Twitter but in addition to make use of the enduring illustrated brand that was affectionately referred to internally as “Larry Chicken.”
Peroff and others started formally organizing Operation Bluebird, a strategy to carry again Twitter in identify, companies, and format, catering specifically to business manufacturers.
Some firms have been reluctant to promote on X for concern that they are going to be related to unsavory content material, akin to extremist views, scam-like posts, or pornbots. In September 2024, market analysis agency Kantar put out a examine noting that 26 % of surveyed entrepreneurs deliberate to desert their advert campaigns on X.
“We expect our moderation instruments will assist the dialogue evolve into one thing extra accountable,” Peroff mentioned. “Manufacturers are caught on X as a result of they don’t have any different place to go.”
Whereas Threads, which is owned by Meta, started testing advertisements earlier this yr, solely just lately did it attain the dimensions—round 400 million month-to-month lively customers—that Twitter had on the time of its acquisition by Musk. Neither Mastodon nor Bluesky have any promoting in the meanwhile.
Mark Lemley, a Stanford Legislation professor and skilled in trademark legislation, instructed Ars that X would possibly be capable of defend the Twitter marks if it might present that it’s nonetheless utilizing them.
“Mere ‘token use’ received’t be sufficient to order the mark,” Lemley wrote in an electronic mail. “Or [X] may defend if it might present that it plans to return to utilizing Twitter. Customers clearly nonetheless know the model identify. It appears bizarre to assume another person may seize the identify when shoppers nonetheless affiliate it with the ex-social media website of that identify. However that’s what the legislation says.”
Mark Jaffe, an mental property legal professional in California who isn’t concerned within the case, thinks that X Company might have a battle to maintain the Twitter marks.
“As soon as it’s not distinguished on the web site and the proprietor, the CEO, says it’s now referred to as this and never that,” he instructed Ars, “I don’t understand how you beat an abandonment argument.”
