X Social Media says it has used the 'X' mark to advertise services identical to those offered by X Corp. for at least eight years.
Elon Musk
The change from Twitter to X Corp. was made in July as part of Musk’s plans to expand the social media service into an “everything app.” But at the time of the announcement, there were nearly 900 trademark registrations covering the letter “X” across various industries. That included one belonging to Meta for social networking services in entertainment and another belonging to Microsoft for gaming.
This allegedly infringing, overlapping use of the “X” mark has led to the perception that X Corp. is the source for services offered by X Social Media, the company claims. As “X” is a social media platform, “consumers naturally conflate” the two companies, according to the lawsuit. The lawsuit claims X Corp.’s adoption of “X” exemplifies exceptional willful conduct since it had a “legal duty to conduct due diligence and avoid infringing” on existing marks. X Social Media allegedly sent a cease-and-desist in August but was ignored.
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