Elon Musk’s X Corp is facing what could be the first of several lawsuits related to its name. A Florida-based company called X Social Media has accused X Corp. of trademark and service mark infringement, obviously for the use of the letter “X.”
In July, Musk rebranded Twitter, renaming the social network as “X” and replacing its iconic bird logo with the letter. Given Musk’s affinity for the letter X, it was not surprising. However, trademark attorney Josh Gerben had predicted that the new name would attract lawsuits, stating that there was a high probability of being sued by both opportunistic and legitimate plaintiffs.
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Gerben’s firm now represents the plaintiff in this case. X Social Media, a company that offers advertising and social media services connecting law firms and clients in need of advocates, filed the lawsuit. Although their logo looks different from the former Twitter logo, X Social Media claims that it frequently emphasizes the ‘X’ portion of its mark in its advertising, blogs, and newsletters.
The lawsuit argues that the media coverage of Elon Musk’s X rebranding has led to confusion among consumers. X Social Media claims that consumers now believe that its advertising services are being offered by or associated with X Corp, as ‘X’ is a social media platform. The plaintiff states that it has already suffered revenue losses due to the rebranding and believes that the confusion will continue to negatively impact its finances.
Furthermore, X Social Media accuses Musk’s company of filing trademark applications for services similar to its own, such as business data analysis, promotional services, and market research. The plaintiff claims that X Corp was aware of X Social Media’s existence when filing these applications. The Florida-based company claims that it sent a cease-and-desist letter to X Corp in August 2023, but the company refused to stop using the letter ‘X’.
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X Social Media is seeking an injunction from the court to prohibit X Corp from marketing, offering, selling, or distributing services with the mark ‘X.’ Additionally, the plaintiff is requesting damages equivalent to three times its losses or the defendant’s profits.
It remains to be seen how this lawsuit will play out and what impact it will have on Elon Musk’s X Corp. The outcome could potentially set a precedent for other companies using single-letter branding. As for X Social Media, this case highlights the importance of protecting intellectual property rights and the potential consequences of trademark infringement.
