Elon Musk’s X (formerly Twitter) is aggressively defending its intellectual property rights by updating its Terms of Service and filing a countersuit against Operation Bluebird, a Virginia-based startup that recently applied to trademark the name “Twitter.” The move comes after Operation Bluebird argued that X abandoned the trademark by rebranding its social network.
Startup’s Claim of Abandonment
Operation Bluebird’s petition to the U.S. Patent and Trademark Office (USPTO) hinges on a July 2023 statement by Elon Musk, who announced the impending “adieu to the Twitter brand.” The startup suggests that this declaration constitutes abandonment, allowing them to claim the trademark.
However, X disputes this claim. The company asserts it continues to exclusively own the “Twitter” and “Tweet” trademarks, along with its iconic bluebird logo. This isn’t just about branding; trademark ownership carries significant legal and financial value.
X’s Response: Updated Terms and Countersuit
To reinforce its position, X has revised its Terms of Service, explicitly stating that users have no right to use either the “X” or “Twitter” names or associated trademarks without express written consent. This update, effective January 15, 2026, leaves no room for ambiguity.
Furthermore, X filed a countersuit (details shared with TechCrunch via Gerben IP) to legally challenge Operation Bluebird’s attempt to register the trademark. The filing is not yet publicly available through PACER at the time of publication.
The Startup’s Intentions: Acquisition, Not Competition?
Operation Bluebird is actively soliciting sign-ups for a new social network at Twitter.new. The venture is led by two lawyers – founder Michael Peroff and Stephen Coates, a former trademark attorney at Twitter itself. Given their legal backgrounds, industry experts speculate that their primary goal isn’t to compete with X, but to acquire the trademark for its inherent value.
Additional Updates
Beyond the trademark dispute, X also updated its Terms of Service to include references to EU laws and content generation policies. Its Privacy Policy now mentions age assurance technologies, reflecting evolving regulatory requirements.
In conclusion, X is making a clear statement: it intends to retain full control of the “Twitter” brand, despite the rebranding. The legal battle with Operation Bluebird underscores the company’s determination to protect its intellectual property and prevent unauthorized use of its trademarks.
