Elon Musk’s ‘X’ Factor: The Legal Challenges of Twitter’s Rebranding

Elon Musk, the billionaire entrepreneur, has recently rebranded the popular social media platform Twitter as ‘X’. This move has caught the attention of the tech world and sparked discussions about its potential implications.

Potential Legal Hurdles

However, this decision might not be as straightforward as it seems due to potential legal complications. Several corporations, including Meta and Microsoft, already possess intellectual property rights for the same letter. This overlap could lead to legal disputes over the use of ‘X’ as a brand name.

Prevalence of ‘X’ in Trademarks

The letter ‘X’ is so prevalent and referenced in trademarks that it could potentially lead to legal disputes. The company, previously known as Twitter, might have to defend its ‘X’ brand in the future.

“There’s a 100% chance that Twitter is going to get sued over this by somebody,” stated Josh Gerben, a trademark attorney. He noted that there are nearly 900 active U.S. trademark registrations that already include the letter ‘X’ across various industries.

Trademark Infringement and Consequences

Trademark owners can allege infringement if other branding could lead to consumer confusion. The consequences can range from financial penalties to prohibiting usage. Microsoft has held an ‘X’ trademark related to its Xbox video-game system communications since 2003.

Meta Platforms, which owns a new Twitter competitor called Threads, has a federal trademark registered in 2019 for a blue-and-white letter ‘X’ used in software and social media.

Meta and Microsoft’s Potential Response

However, Meta and Microsoft are likely to take legal action only if they perceive that Twitter’s ‘X’ is infringing on the brand value they have established with the letter, according to Gerben. Neither of the three companies responded to requests for comments.

Meta’s Previous Legal Challenges

Interestingly, Meta itself faced intellectual property disputes when it rebranded from Facebook. It deals with trademark lawsuits filed last year by investment firm Metacapital and virtual-reality company MetaX. It also settled another lawsuit over its new infinity-symbol logo.

Future of ‘X’ as a Brand

If Musk’s name change is successful, others could still claim ‘X’ for themselves. “Given the difficulty in protecting a single letter, especially one as popular commercially as ‘X’, Twitter’s protection is likely to be confined to very similar graphics to their X logo,” said Douglas Masters, a trademark attorney at Loeb & Loeb. He added that the logo lacks distinctiveness so the protection will be limited.