Elon Musk’s management of the social media platform formerly known as Twitter has been controversial at best, especially since rebranding the platform as X (something that Musk once attempted to do when considering purchasing PayPal). However, the new design of X’s branding struck a chord with the owners of X Social Media in Windmere, Florida. So much so that they actually sued X Corp, Musk’s corporation under which he runs the popular social media platform, for trademark infringement and confusing their customer base.
But does this case have any merit? Let’s dive into the details.
Who Is X Social Media and Why Are They Suing?
X Social Media is an ad agency that has been operating under that name and holding the trademark for “X SOCIALMEDIA” consistently since 2016. They even have an active presence on the platform now known as X Corp. In October of 2023, three months after Musk changed the name from Twitter to X, X Social Media filed a complaint for trademark infringement.
X Social Media claims that the new name for the social media platform confuses their customer base and that they have already lost business due to the use of “X” by X Corp. Customers could potentially confuse them as having an association with X Corp or may become confused about the services they offer.
Of course, X Corp has their own opinions on the matter.
X Corp’s Defense
According to X Corp, X Social Media is simply trying to chase some clout on the heels of the social media behemoth rebrand. They argue that there are a number of X related trademarks, especially in the industry of mostly digital businesses.
X is sleek, short, and modern, if not particularly unique. The logos and branding imagery that the companies use are stylistically different enough to be distinct. X Corp also said that X Social Media has not yet identified “even a single instance of consumer confusion,” which made up much of their complaint.
What Comes Next?
X Corp seems confident in their case, but ultimately it will be up to the court to determine whether X Corp has infringed on X Social Media’s trademark with the social media rebrand. As this was a recent filing, the case is still underway so we will have to wait to see the outcome.
Do you have concerns about your own trademark being infringed on? Want to know whether or not you have a case, or what you can do to protect your trademark from infringement? Garcia-Zamor can help! We have over 25 years of combined experience in the world of trademarks and we’re here for you. Contact us today to learn more.
