Elon Musk's recent decision to rebrand Twitter as "X" could potentially face legal complications due to existing intellectual property rights held by other companies such as Meta and Microsoft, who also use the letter "X" in their branding.
The widespread use of "X" in various trademarks makes it susceptible to potential legal challenges, and the company formerly known as Twitter may encounter difficulties defending its "X" brand in the future.
Trademark attorney Josh Gerben predicts that there is a high likelihood of Twitter facing lawsuits from various parties. He notes that there are currently nearly 900 active U.S. trademark registrations that already include the letter "X" in a wide range of industries.
The move to rebrand as "X" might pose significant challenges for Twitter as they navigate potential legal disputes over the use of the letter in their new branding.
On Monday, Elon Musk officially rebranded the social media network Twitter as "X" and introduced a new logo for the platform, featuring a stylized black-and-white version of the letter.
However, the new branding might face legal challenges due to existing trademark owners' rights. Trademarks protect various aspects like brand names, logos, and slogans that distinguish the sources of goods.
If other branding, such as Musk's "X," leads to consumer confusion, trademark owners can claim infringement and seek remedies that include monetary damages or blocking the use of the contested branding. This potential for legal disputes adds complexity to Musk's decision to rename the social media platform.
Microsoft has held the X trademark related to its Xbox video-game system communications since 2003, while Meta Platforms, the company behind Threads, a new rival to Twitter, obtained a federal trademark for a blue-and-white letter "X" in 2019, covering software and social media fields.
Trademark attorney Josh Gerben suggests that Meta and Microsoft might not take legal action against Twitter unless they perceive a threat to their brand equity associated with the letter "X."
None of the three companies, Twitter (formerly known as Twitter), Meta, or Microsoft, have responded to requests for comments on the matter.
Meta itself faced intellectual property challenges when it rebranded from Facebook. It was confronted with trademark lawsuits from investment firm Metacapital and virtual-reality company MetaX. Additionally, Meta settled another lawsuit over its new infinity-symbol logo.
Even if Elon Musk successfully changes Twitter's name to "X," other entities may still assert their claims to the letter "X" for their own branding purposes.
According to Douglas Masters, a trademark attorney at law firm Loeb & Loeb, protecting a single letter like 'X,' particularly one that holds significant commercial popularity, can be challenging for Twitter. He predicts that Twitter's protection will likely be limited to graphics that closely resemble their X logo.
Masters further explains that Twitter's logo lacks distinctiveness, which will result in a narrow scope of protection.
As previously reported by Insider, Meta also possesses an X trademark, and lawyer Ed Timberlake tweeted that Microsoft holds one as well. This indicates that both Meta and Microsoft have prior rights to the letter "X" in their respective trademarks. The situation adds complexity and potential legal hurdles for Twitter's rebranding efforts.