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Court Finds TWEET Term and Bird Logo Likely Abandoned, Enters Public Domain

The court said X’s App Store entry shows ongoing use of the TWITTER mark, but the absence of the TWEET term and bird logo from X’s branding indicates likely abandonment, putting h

Court Finds TWEET Term and Bird Logo Likely Abandoned, Enters Public Domain

According to the source text, a Delaware district court ruled in the case X Corp. v. Project Bluebird Inc. that X has likely abandoned the TWEET trademark and its bird logo, while finding continued use of the TWITTER mark. The court’s decision was based on evidence presented in a preliminary injunction hearing. The source explains that Project Bluebird, formerly named “twitter.new” and later renamed tweet.app, claimed that X had abandoned the TWITTER, TWEET and Bird Logo trademarks and filed intent‑to‑use applications for TWITTER and TWEET in 2025. The court examined X Corp.’s current listing of the X app on the Apple App Store, which states: “Welcome to X (formerly known as Twitter), your trusted digital town square where conversations unfold in real time, and the world connects through breaking news, live events, podcasts, and everything in between.” The source notes that the court cited several cases endorsing “formerly known as” references as ongoing trademark use, reasoning that the parenthetical identifies X Corp.’s platform as the Twitter platform it acquired and is rebranding as X, thereby telling customers that what they knew as Twitter is now X and can be accessed by downloading the X app. This, according to the court, constitutes bona fide use of the Twitter‑formative marks, showing that X has not abandoned the TWITTER mark. In contrast, the court found that the TWEET term and the Bird Logo are likely abandoned. The source lists three pieces of evidence supporting that conclusion: first, neither the Tweet mark nor the Bird logo appears in X Corp.’s listing of the X app on the Apple App Store; second, X Corp. conceded at the April hearing that the Tweet mark and Bird logo are nowhere to be found on x.com’s home page; third, some of X’s evidence was defective, referencing only TWITTER and lacking dates, which the court interpreted as legacy usage before Musk’s rebrand. The source quotes the court’s summary: “Musk’s pronouncements and X Corp.’s rebranding of the Twitter platform as X provide compelling evidence that X Corp. harbors an intent not to resume use of the Tweet mark and Bird logo.” Because the ruling was on a preliminary injunction request, it is not the final word on the merits, but the source says it seems highly likely that the TWEET term and the bird logo have been freed from X’s trademark clutches and could enter the public domain. Regarding the TWITTER mark, the source notes that X’s ongoing supervision appears dubious, suggesting that mark may also enter the public domain soon. Case citation: X Corp. v. Project Bluebird Inc., 2026 WL 2606728 (D. Del. Sept. 3, 2026).

Court Finds TWEET Term and Bird Logo Likely Abandoned, Enters Public Domain

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